Contract « Virginia Lawyers Weekly

Waiver Valid with Parol Evidence

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

In this suit by an Indian businessman and his four businesses over commercial loans obtained from defendant bank, the Fairfax Circuit Court says the Waiver and Amendment Agreement plaintiff negotiated with the bank is valid and enforceable, and bars plaintiffs’ claim for breach of contract.
This case arises out of a dispute between Mr. Krishnan Suthanthiran [...]

Parties Agree to Pay Own ESI Costs

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Judge T.S. Ellis III, U.S. District Court - Eastern District

In this protracted False Claims Act suit against a government contractor that concluded with a jury verdict for the contractor, an Alexandria U.S. District Court grants the contractor’s request for costs under FRCP 54(d) and awards $119,193, including $8,889 in transcript costs, $11,957 in witness fees and expenses, $59,384 in copying costs and $38,962 in [...]

Medical Researcher Has FCA Claim

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Judge Norman K. Moon, U.S. District Court - Western District

A Charlottesville U.S. District Court says a post-doctoral fellow conducting research at UVa’s Department of Psychiatry & Neurobehavioral Sciences can sue the departmental chair and his supervisor under the False Claims Act on individual-capacity and official-capacity claims for prospective relief, but not in their official capacities for damages.
In count I, plaintiff Dr. Huang asserts claims [...]

No Contract from Hospital Bylaws

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Judge Samuel G. Wilson, U.S. District Court - Western District

A physician who lost his hospital staff privileges at Lewis Gale Medical Center after an incident in an operating room while he was supervising another doctor cannot sue defendant physician, Chairman of the Medical Staff, on claims of breach of contract, tortious interference with contract and discrimination; the Roanoke U.S. District Court dismisses plaintiff physician’s [...]

No Conspiracy in Software Contract Talks

By Deborah Elkins
Published: February 1, 2012
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District

Although plaintiff had a contract with a software company to market its software and negotiate a contract with Freddie Mac to replace the agency’s quality control software, Freddie Mac wanted a three-party relationship, and its ultimate decision to form a contract only with the software company did not breach an agency contract with plaintiff marketing [...]

AAA Rules Adoption Means Arbitration

By Deborah Elkins
Published: January 26, 2012
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

In this pay dispute between a prime contractor and subcontractor on a foreign telecommunications contract, an Alexandria U.S. District Court says the incorporation of the AAA Rules in the subcontract’s arbitration clause, and the waiver provision drafted by the prime contractor are “clear and unmistakable evidence” that the parties intended for the issue of arbitrability [...]

County Agency Has Partial Immunity

By Deborah Elkins
Published: January 18, 2012
Tags: Contract, Justice LeRoy F. Millette Jr., Supreme Court of Virginia

A company hired to develop an independent-living facility as part of Chesterfield County’s Lucy Corr Village, operated by the county’s Health Center Commission (HCC), loses its suit to collect additional payments for its work because its notice of claim was not timely under the Virginia Public Procurement Act, and defendant has immunity from claims for [...]

Ad Placement No Defense to Nonpayment

By Deborah Elkins
Published: January 12, 2012
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District

Although defendant appliance repair service claims it did not receive proper placement of its advertising in plaintiff’s “YellowPages” directory, an Alexandria U.S. District Court grants summary judgment to plaintiff SuperMedia LLC on its contract claim against defendant for failure to pay for the advertising.
It is undisputed that defendant’s agent signed each of the applicable advertising [...]

Parties May Mediate Or Arbitrate

By Deborah Elkins
Published: January 12, 2012
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

Although a subcontract calls for “mediation” between a general contractor and a sub, another provision references “arbitration” of “any claim” arising out of the subcontract, and the Alexandria U.S. District Court stays the sub’s cross-claim is stayed pending mediation and/or arbitration between the general and the sub.
In a Jan. 2, 2006 contract, defendant Vista Contracting, [...]

Res Judicata Bars M&A Company’s Claim

By Deborah Elkins
Published: January 12, 2012
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

A Virginia-based mergers & acquisitions company cannot sue a Canadian company for failure to pay for the Virginia company’s services in valuing a subsidiary of defendant and identifying a prospective purchaser; the Alexandria U.S. District Court says the suit is barred by res judicata, as the Virginia company already unsuccessfully pursued these same claims against [...]

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