Virginia Lawyers Weekly VA Lawyers Weekly

Where a staffing agency’s agreement provided that if its client decided that it no longer wished to have the plaintiff provide services the agreement would be null and void, and the record showed that before the plaintiff started working the ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where the Town of Culpepper could end its lease with a movie chain if theater operations ceased for 120 days, its termination was not improper when the theater was closed because of COVID. Although the chain argued it was conducting ...

Tagged with: Commercial Judge Norman K. Moon U.S. District Court - Western District

Where the defendants were allowed to use “REJUVenate” on “[a]ll-purpose disinfectants for infection control and prevention and biosecurity,” but allegedly used it on cleaning products that fall within the scope of goods covered by the plaintiff’s preexisting “Rejuvenate” mark, the ...

Tagged with: Intellectual Property Judge James P. Jones U.S. District Court - Western District

Where a subcontractor alleged that it complied with all precedent conditions before filing an action against the payment bond, that allegation was sufficient to allow its claim to proceed. And where the same subcontractor alleged it provided work beyond that ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

Where plaintiffs previously settled a claim over unpaid royalties under a coal wheelage agreement, their new claim for unpaid royalties that predated the settlement was barred by res judicata. Res judicata did not apply to the nonparties, however, because they ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District

Where a party to a limited partnership agreement repeatedly breached that agreement but the other limited partner did not offer evidence that the breaches caused any injury or damage, only $1 in nominal damages was awarded on each claim. Background ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an alleged cybersquatter who held the PRU.COM domain name intended to divert customers from Prudential Insurance Company or wanted a six-figure payment for the name, and it had registered other domain names evidencing bad faith, PRU.COM was ordered transferred ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Where a landlord obtained judgments for unpaid rent and sued the tenants and others for fraudulent and voluntary conveyances, the trial court’s rulings that defendants were jointly and severally liable for the unpaid rent, attorneys’ fees and sanctions are vacated. ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

Where a tenant was sued for negligently allowing its subtenant to start a fire that caused nearly $400,000 in damage, the tenant’s motion to dismiss was granted because it had no duty to protect others from the harmful acts of ...

Tagged with: Judge John A. Gibney Jr. Negligence U.S. District Court - Eastern District

Although a prevailing party can ordinarily recover its expert fees as part of its bill of costs, a unique statute requires an applicant appealing an adverse trademark decision by the United States Patent and Trademark Office, or USPTO, in federal ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District