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Tag Archives: Contract

Space Tourist’s Fraud and Breach Claims Survive Dismissal (access required)

Plaintiff Harald McPike, a wealthy adventurer seeking to become a space tourist, can proceed on claims of fraud and breach of contract against Defendant Zero-Gravity Holdings Inc., f/k/a Space Adventures, Ltd. In 2013, Space Adventures contracted to provide a circumlunar ...

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Plaintiff had right to accelerate payments after default – $1,462,500 Verdict (access required)

The trial involved a breach of contract arising from the purchase of Mr. Holman’s ownership interest in Dominion Mechanical. Plaintiff Stephen Holman sought to accelerate principal and interest payments, and attorney’s fees equal to 25 percent of the unpaid balance, ...

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Duty of Good Faith and Fair Dealing – Statutory Contract (access required)

Scott Evans v. Fairfax County Public School Board (Lawyers Weekly No. 017-8-104, 15pp.) (Bernhard, J.) Fairfax Cir.Ct. Case No. CL-2017-3884. Holding: Where the court previously sustained the defendant-school district’s demurrer to the plaintiff-teacher’s complaint in relation to an economic duress ...

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Third-Party Beneficiary – Condition Precedent – Prevention Doctrine –Purposeful Act or Omission (access required)

Rastek Constr. & Dev. Corp. v. General Land Commercial Real Estate Co. LLC (VLW No. 017-6-095, 16pp.) (Kelsey, J.) Record No. 161549. Appealed from the Circuit Court of Chesterfield County. Holding: Where the appellant-seller had signed a sales agreement with ...

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Subcontract – Warranty – Virginia Consumer Protection Act – Statute of Limitations (access required)

Johnston v. Stephan (VLW No. 017-8-097, 14 pp.) (Bernhard, J.) Fairfax Cir.Ct.Case No. Cl-2017-5006 Holding: Where the defendant-subcontractor installed a roof under a subcontract with a general contractor employed by a homeowner who then sold the home to plaintiff-homeowners, the ...

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Plaintiff sought millions in airplane lease case, recovers $0 – Defense Verdict (access required)

In a case where the plaintiff sought $5,520,000, where defense witnesses were prohibited from testifying and where de­fense documents were excluded from ev­idence, the defense obtained a defense jury verdict of $0 after a two 1/2 day trial. Plaintiff, an ...

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Trustee sued for violation of duties of care, loyalty – $2.5 million verdict (access required)

Plaintiffs alleged that defendant, who served as the trust­ee for several family trusts, had violated his duty of care and loy­alty. Plaintiffs sought damages for his misfea­sance/negligence while serving as the trustee. Defendants have noted an appeal and ALPS is ...

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