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Business Law

Arbitration Ordered for Warranty Claims (access required)

Although a contract for new home construction states that the warranty of Va. Code § 55-70.1(C) is “specifically waived,” absent contract language indicating the property is sold “as is,” a Richmond Circuit Court overrules defendant builder’s motion to dismiss plaintiffs’ ...

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Arbitration Required for Security Contractor Claims (access required)

An Alexandria U.S. District Court grants defendant government security contractor’s motion to compel arbitration of three employees’ claims that they were not paid for all the hours they worked and not paid proper pay rates; although only defendant may force ...

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Court Trims Costs for Winning Party (access required)

An Alexandria U.S. District Court takes a close look at plaintiff’s request for $132,137.90 and awards $89,207.90 by deducting claimed expenses such as videography fees for depositions, computer animations and “metadata extraction.” On Sept. 27, 2012, the court granted summary ...

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Minority Contractor’s Race Bias Claim Dismissed (access required)

A Richmond U.S. District Court dismisses a subcontractor’s suit alleging that various defendant contractors on a state construction contract refused to pay plaintiff because it was a minority-owned contractor, as plaintiff makes only conclusory allegations that do not satisfy the ...

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AAA Rules in Contract Cover ‘Arbitrability’ (access required)

Two independent contractors for a private security company operating in Iraq and Afghanistan must arbitrate their False Claims Act retaliation claims, as the incorporation of the American Arbitration Association Commercial Arbitration Rules in the governing agreement is a “clear and ...

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No Arbitration of FCA Retaliation Claims (access required)

An Alexandria U.S. District Court says an arbitration clause in Independent Contractor Agreements signed by two firearms instructors does not require arbitration of the instructors’ claims that the government contractor violated the False Claims Act by terminating them for reporting ...

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