Brokers Sued Over MLS Operation 
By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Antitrust, Judge J. Harvie Wilkinson III
The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition.
The two putative class actions allege anticompetitive [...]
Trustee Signature Enforceable for LLC Contract
By Deborah Elkins
Published: May 16, 2012
Tags: Contract, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts
Defendant, an antiques and collectible business, cannot avoid liability on this contract to purchase the assets of a liquidated LLC called “The Two Antique Dealers” by arguing the sale contract is not enforceable because plaintiff trustee in liquidation did not sign the contract in that capacity; the Norfolk Circuit Court overrules defendant’s plea in bar.
Defendants [...]
‘Conversion’ Covers Intangible Property
By Deborah Elkins
Published: May 16, 2012
Tags: Intellectual Property, Judge Robert E. Payne, U.S. District Court - Eastern District
In this multi-million dollar intellectual property case, a Richmond U.S. District Court grants judgment as a matter of law to defendant Kolon Industries Inc. on plaintiff DuPont’s claims for conversion and civil conspiracy; the federal court says Virginia courts would recognize a conversion action for converted intangible property, such as confidential business information about the [...]
Arbitration Question Certified to W.Va. Court
By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Barbara Milano Keenan
In this contract dispute with a builder, a new-home buyer says the contract’s arbitration clause is not enforceable because it allows the builder to sue for certain kinds of disputes, but the buyer is forced to arbitrate all disputes; the 4th Circuit certifies to the West Virginia high court a question about the enforceability of [...]
Cookware Case Nets Treble Damages
By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Intellectual Property, Judge Andre M. Davis
Meyer, a manufacturer of “Anolon Advanced” cookware, wins its suit alleging trade dress infringement and violation of North Carolina unfair trade practices law against defendant Belk department store, which sold a private-label cookware that was “deceptively similar”; the 4th Circuit upholds a $1.26 million damage award for plaintiff.
Defendant Meyer supplies cookware marketed under the brand [...]
Injunction Issued in VOD Patent Case
By Deborah Elkins
Published: May 15, 2012
Tags: Intellectual Property, Judge Raymond A. Jackson, U.S. District Court - Eastern District
In the wake of a Norfolk federal jury’s $115 million award to a small technology company, as well as $17.4 million in supplemental damages and $6.6 million in post-judgment interest, the Norfolk U.S. District Court grants plaintiff company’s motion for a permanent injunction.
Because plaintiff is such a small corporation with less than 150 employees, it [...]
FCA ‘Kickback’ Claims Survive
By Deborah Elkins
Published: May 15, 2012
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District
A relator who operated a home health care business alleges defendant’s visiting nurse referral program violated the False Claims Act in its use of an alleged home health care referral kickback scheme, and the Alexandria U.S. District Court denies a motion to dismiss the FCA claims.
The FCA imposes liability where any person knowingly presents, or [...]
Court Enforces Malpractice Settlement
By Deborah Elkins
Published: May 15, 2012
Tags: Contract, Judge James R. Spencer, U.S. District Court - Eastern District
In this litigation arising from the sale and purchase of two companies, including a legal malpractice action against a lawyer who represented plaintiffs, a Richmond U.S. District Court will not enforce a purported settlement agreement between the business litigants, as defendants added a “subject to full execution and release” clause after a settlement conference with [...]
Court Enforces Malpractice Settlement
By Deborah Elkins
Published: May 14, 2012
Tags: Contract, Judge James R. Spencer, U.S. District Court - Eastern District
In this litigation arising from the sale and purchase of two companies, including a legal malpractice action against a lawyer who represented plaintiffs, a Richmond U.S. District Court will not enforce a purported settlement agreement between the business litigants, as defendants added a “subject to full execution and release” clause after a settlement conference with [...]
Arbitration Award Subject to Res Judicata
By Deborah Elkins
Published: May 8, 2012
Tags: Contract, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia Circuit Courts
A Loudoun County Circuit Court reconsiders its earlier denial of a motion to stay arbitration in this litigation over a contract involving road construction, and grants defendant’s motion to stay arbitration proceedings; under Va. Code § 8.01-581.012, a judgment confirming an arbitration award is to be treated like any other judgment, including the application of [...]
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