Injunction & Damages for Repeat Violations

Restrictive covenant different from noncompete, court says

By Deborah Elkins
Published: February 17, 2012
Tags: Contract, Federal Courts, Judge Dennis W. Shedd, Judge Leonie Brinkema, Judge William B. Traxler Jr.

An Alexandria federal judge was too quick to pull the trigger on a petroleum distributor’s suit to enforce a restrictive covenant meant to keep a service-station operator from selling a different brand of gasoline. The trial judge awarded summary judgment to the service-station operator, including fees and costs, when BP Products North America Inc. tried [...]

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 [...]

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 [...]

‘Inequitable Conduct’ Defense Fails

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

In plaintiff Rolls-Royce’s patent infringement suit against defendant United Technologies involving patents for a jet engine swept fan blade, the Alexandria U.S. District Court denies Rolls-Royce’s motion to dismiss UTC’s third counterclaim and to strike its third affirmative defenses, each of which alleges inequitable conduct. UTC’s four theories of inequitable conduct allege that: 1) the [...]

Plaintiffs win on claim that video content was pirated – $1,526,644 Verdict

By Virginia Lawyers Weekly
Published: December 26, 2011
Tags: Federal Courts, Intellectual Property, Judge Leonie Brinkema, Million-Dollar Verdicts

The plaintiffs alleged direct copyright infringement by defendants Young Min Ro and Daewoo Video Inc. (and vicarious copyright infringement against Ro) for duplicating and distributing the plaintiffs’ copyrighted video content after the defendants had terminated their licenses. The infringement included illegally pirating video content from the Internet and distributing that pirated content through retail video [...]

Retaliation Claim Dismissed Against Company

By Deborah Elkins
Published: December 13, 2011
Tags: Employment Discrimination, Judge Leonie Brinkema, U.S. District Court - Eastern District

A former IBM employee who has filed a pro se suit alleging she was “hounded” out of subsequent employment in retaliation for her relationship with a supervisor, causing her to miscarry a pregnancy, has failed to state any allegations that can support continuation of her lawsuit, and the Alexandria U.S. District Court dismisses the suit. [...]

Lender Wins Fees in Contest with Law Firm

By Deborah Elkins
Published: November 22, 2011
Tags: Insurance, Judge Leonie Brinkema, U.S. District Court - Eastern District

In this dispute over the payment of insurance and takings proceeds, along with a claim for recovery of attorney’s fees incurred in an earlier insurance coverage action in this district, the Alexandria U.S. District Court grants summary judgment to defendant insurance carrier, which is entitled to recovery under the terms of a deed of trust. [...]

Tune-Up Franchisee Owes Lost Profits

By Deborah Elkins
Published: November 17, 2011
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court Magistrate Judge recommends default judgment and damages totaling $569,512 in favor of plaintiff Precision Franchising LLC, a Virginia company, against defendant K-Squared Inc., which operated four Precision Tune Auto Care franchise centers in Las Vegas, for breach of contract, conversion and trademark infringement. Precision Franchising seeks to recover $620,386 in [...]

No Citizenship for Terrorism Fundraiser

By Deborah Elkins
Published: November 14, 2011
Tags: Immigration, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court dismisses a petition seeking adjudication of a naturalization application filed by petitioner, a Pakistani citizen and lawful resident of the U.S. who is currently serving a 110-month sentence in federal prison for money laundering in violation of 18 U.S.C. § 1956(h) and for concealment of terrorist financing in violation of [...]