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Tag Archives: Contract

Note Bans ‘Offset,’ Allows ‘Recoupment’ (access required)

In determining a buyer’s final payment under an agreement to buy plaintiff’s Harley Davidson dealership, a Richmond U.S. District Court says defendant buyer is entitled to recoupment that will reduce the purchase amount, even though the subject promissory note states ...

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Exec Sues for Retaliation for Wife’s Lawsuit (access required)

The former CEO of a waste-container manufacturer has a claim for tortious interference with a contract expectancy against defendant waste collection company and its senior vice president, based on allegations that defendants forced plaintiff to resign as CEO by withholding ...

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Company Suit Waived Forum-Selection Clause (access required)

A Norfolk U.S. District Court will hear a declaratory judgment action filed by plaintiff Kettler International against Starbucks Corporation, which alleges defects in Kettler’s “Carlo” patio chairs Starbucks bought for its Arizona and California stores, which caused injury to a ...

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Court Sees ‘Judicial Admission’ in Pleadings, Brief (access required)

In a contract for plaintiff VIA design firm to perform architectural services for development of a historical building in downtown Norfolk, defendant U.S. Development Company cannot now deny it was a party to the contract; the Norfolk U.S. District Court ...

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Arbitrator Can Decide ‘Arbitrability’ (access required)

In plaintiff’s suit seeking to terminate its requirements contract with defendant Ethyl Corporation for a lead-based fuel additive, the Richmond U.S. District Court says the contract’s arbitration clause commits questions of arbitrability to the arbitrator, and the court dismisses plaintiff’s ...

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