The U.S. Virgin Islands Department of Planning and Natural Resources and the Government of the Virgin Islands brought an action against companies that had owned an alumina refinery and an oil refinery on St. Croix.  Judge Harvey Bartle wrote the opinion in Barnes v. Century Aluminum Company, Slip Copy, 2013 WL 3356421 (D.Virgin Islands June 28, 2013) after considering the motion of Lockheed to exclude the opinion testimony of Dr. Bradley Sample.

Continue Reading Eco-Expert OK to Testify on VI Bauxite

In 2009, Rian Watts and David Morrell were interested in buying a furnished home located in Estate Bonne Esperance on St. Thomas, U.S. Virgin Islands.  Tanya Blake–Coleman, a licensed real estate broker in the U.S. Virgin Islands, represented the sellers of the property.  Ms. Blake–Coleman was employed by My Dream Properties, Inc., d/b/a Re/Max Dream Properties (“Dream”).  Dream was owned by Rosemary Sauter (“Sauter”), also a licensed real estate broker.

Continue Reading Failure to Prosecute: Dream Home Purchase Turns into Litigation Nightmare

Kwame Allen applied for employment in 2002 with Wyatt V.I., a company that performed various services at the HOVENSA refinery on St. Croix, U.S. Virgin Islands.  As part of his employment application, Allen signed a contract that contained a dispute resolution provision which stated that any controversy would be settled by arbitration in accordance with the rules of the American Arbitration Association.

Continue Reading Arbitration Clause Doesn’t Trip Up VI Employment Contract

Judge Michael C. Dunston, in the Superior Court of the Virgin Islands, Division of St. Thomas and St. John was asked to rule on a bank’s motion to dismiss in a contract dispute arising from the sale of a condominium in Cacciamani and Rover Corporation v. Banco Popular, 2013 WL 3759824 (V.I.Super. July 10, 2013).

Continue Reading What is “Unjust Enrichment” in a Breach of Contract Claim

Chief Justice Curtis V. Gomez of the District Court of the Virgin Islands, Division of St. Thomas – St. John was asked to rule on  two motions by pro se plaintiff Richard Wingrove in the matter of Wingrove v. Bank of Nova Scotia, Slip Copy, 2013 WL 3853402 (D.V.I. July 24, 2013). The first was captioned as a “Petition for Injunction Order.”  The second was entitled a “Motion of Information to the Court.”   Richard Wingrove was the titleholder of Parcel No. 1B1–B Remainder Estate Wintberg, located on St. Thomas, U.S. Virgin Islands (the “St. Thomas property”). In October 1999, Wingrove borrowed $30,000 from the Bank of Nova Scotia (the “Bank”). Wingrove later defaulted, and the Bank filed an action against him for debt and foreclosure in the Superior Court of the Virgin Islands.

Continue Reading Pro Se Litigant has Hands Full in Property Dispute

The high cost of energy, along with isolated grids and an abundance of renewable energy resources have motivated island communities around the world to investigate alternatives to fossil fuels.  Many have set ambitious objectives to reduce oil consumption—the primary fossil fuel consumed on most islands.  According to the U.S. Department of Energy, the U.S. Virgin Islands has emerged as a leader in the effort to reduce oil imports and stabilize electricity costs. 

Continue Reading U.S. Energy Department Maintains Agressive Energy Efficiency Obtainable in U.S. Virgin Islands

Are you starting a business in the U.S. Virgin Islands?  Do you have questions about how to apply for a business license?  Most businesses are required to apply for and obtain some form of license or permit to operate legally.  Domestic and foreign corporations, partnerships, and sole proprietorship engaging in any business in the U.S. Virgin Islands must apply for and obtain a business license from the Department of Licensing and Consumer Affairs ("DLCA"). 

Continue Reading Obtaining a Business License in the U.S. Virgin Islands

Employers in the U.S. Virgin Islands and 17 states may not be eligible to claim the maximum amount of state unemployment tax credits on their 2013 federal unemployment tax return, as their respective jurisdiciton has had an outstanding federal unemployment insurance loan for at least two years.

Continue Reading VI Employers May Pay Higher Federal Unemployment Tax Rates in 2013

In the case of Modern Construction, Inc. v. Carty, 2013 WL 2996549 (V.I.Super. June 13, 2013), the plaintiffs argued that they didn’t enter into a valid contract for the sale of land and that there was no agreement.  Even if there was a binding contract, they stated that it was oral and in violation of the Virgin Islands Statute of Frauds which provides that any interest in property that is orally created, transferred, or assigned for a period more than a year is void and unenforceable.

Continue Reading Handshake Not Enough to Buy Land in the U.S. Virgin Islands

James S. Carroll III, Judge of the Superior Court of the Virgin Islands was asked to settle a real estate dispute that originated in 2002. The Defendant Basil Bryan agreed to sell Parcel No. 17–5C, Estate St. Peter on St. Thomas, U.S. Virgin Islands, to the Plaintiff, Nancy Anderson. The parties also agreed that Ms. Anderson would receive an easement and Mr. Bryan would pave the roadway on the easement within 90 days of closing. 

Continue Reading Continuing Violations Doctrine Limits Legal Action