Franchisor Wins Case on Discovery Admissions

Gas Company Faces Royalty Claim

By Deborah Elkins
Published: February 14, 2013
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

An Abingdon U.S. District Court denies a motion to dismiss plaintiffs’ claims alleging defendant gas company improperly calculated royalty payments which did not reflect the actual price for which the gas was sold. Defendant argues that pursuant to the pooling orders issued by the Virginia Gas and Oil Board, royalties are due from the production [...]

Cable-Theft Claim Against Restaurant Advances

By Deborah Elkins
Published: February 14, 2013
Tags: Contract, Judge M. Hannah Lauck, U.S. District Court - Eastern District

Plaintiff sports production company that had a license agreement to show on closed-circuit television a professional boxing championship match may sue defendant restaurant for allegedly intercepting the broadcast and allowing its patrons to see the match; the magistrate judge for the Richmond U.S. District Court denies the restaurant’s motion to dismiss the complaint. The complaint [...]

Court Has Questions on VUTSA Fee Award

By Deborah Elkins
Published: February 14, 2013
Tags: Intellectual Property, Judge Robert E. Payne, U.S. District Court - Eastern District

In a hard-fought intellectual property case, a Richmond U.S. District Court says the winning plaintiff is entitled to an award of reasonable attorney’s fees under the Virginia Uniform Trade Secrets Act, but orders additional briefing on the state law standard to award reasonable fees; the court denies a fee award under 28 U.S.C. § 1927 [...]

Payment Fight in Titanic Artifact Case

By Deborah Elkins
Published: February 14, 2013
Tags: Contract, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies dismissal of a counterclaim in this litigation over contracts for the appraisal and sale of artifacts from the RMS Titanic. This is a declaratory judgment action concerning the enforceability of two purported contracts, which pertain to the appraisal and sale of artifacts from the RMS Titanic. Marmargar Inc., a [...]

T-Shirt Copyright Case Goes to Trial

By Deborah Elkins
Published: February 12, 2013
Tags: Intellectual Property, Judge Norman K. Moon, U.S. District Court - Western District

A Charlottesville U.S. District Court says plaintiff owner of copyrights for t-shirt designs may try its claims for copyright infringement, breach of contract, tortious interference and unjust enrichment, for defendant’s alleged conduct of continuing to sell plaintiff’s copyrighted designs after expiration of a license agreement. Pursuant to a License Agreement, dated Oct. 1, 2006, between [...]

Economic Loss Rule No Bar to Fraud Claim

By Deborah Elkins
Published: February 12, 2013
Tags: Contract, Judge James C. Turk, U.S. District Court - Western District

In this dispute over defendants’ follow-through on multi-million dollar contracts to buy plaintiff’s coal, a Roanoke U.S. District Court says plaintiff’s claim for fraudulent inducement is not barred by the economic loss rule, and plaintiff may sue both defendant company and its owner. Plaintiff alleges defendant Ernie Thrasher, owner of defendant Xcoal Energy & Resources, [...]

Federal Contract Mention Not Enough for Removal

By Deborah Elkins
Published: February 12, 2013
Tags: Civil Procedure, Judge T.S. Ellis III, U.S. District Court - Eastern District

After nearly 17 months of litigation in state court and on the eve of trial of this dispute between partners to a teaming agreement on a government contract, defendant company removed this state law contract, trade secret, fraud and conspiracy case to federal court; plaintiff’s third amended complaint does not raise any question or issue [...]

Email Arbitration Clause Enforceable Against Consumer

By Deborah Elkins
Published: February 12, 2013
Tags: Contract, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

A Verizon customer who is suing over a $135 early-termination fee for his cancellation of his Internet service must arbitrate his complaint based on an arbitration clause embedded in an email, as the initial contract expressly stated that continued use of the service constituted consent to contract modifications; the Alexandria U.S. District Court also says [...]

No FCA Claim from Time-Billing Complaint

By Deborah Elkins
Published: February 12, 2013
Tags: Contract, Judge Liam O'Grady, U.S. District Court - Eastern District

A former program manager who had complaints about how various projects were billed, including a complaint that his supervisor was directing him to bill to the government time plaintiff manager spent administering timesheets, does not allege any protected activity that could support his retaliation claim under the False Claims Act, and the Alexandria U.S. District [...]