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Business Law

Nov 27, 2023

Suit over historic mansion and estate dismissed

Where a non-profit corporation alleged another non-profit corporation was failing to meet its funding obligations for preservation of a historic mansion and estate in Leesburg, as required by the parties’ co-stewardship agreements, but the breach of contract claims were premised on alleged rights that are inconsistent with the actual terms of the parties’ agreements, these […]

Nov 27, 2023

Appellees had power to remove business manager

The trial court’s ruling that two members of an LLC had the necessary voting power to remove a third member as manager is affirmed. Background Rajeeva and Poonam Agarwal founded a business that became 3T Federal. Yadav, a disabled veteran, became a member in 2005. In 2008, Rajeeva Agrawal held a 49 percent interest. Yadav […]

Nov 14, 2023

Damages narrowed in subcontractor’s suit

Where a subcontractor sought to recover additional monies that it allegedly incurred because of delays caused by the contractor, but these delay-related expenses were not compensable under the changes clause, the contractor’s motion to dismiss these damages was granted. Background L3Harris Maritime Services Inc. alleges that it entered into a firm, fixed-price, or FFP, subcontract […]

Nov 6, 2023

$70M settlement approved in antitrust suit

Where a settlement of an antitrust suit was fair, reasonable and adequate, it was approved and the plaintiffs’ attorneys were awarded more than $23.3 million. Background The End Payor Plaintiffs, or EPPs, filed this case under state competition and unjust enrichment laws against Merck and Glenmark. The EPPs alleged that defendants entered into an unlawful […]

Oct 31, 2023

Suit transferred from Richmond division to Alexandria division

Where there were no relevant contacts between a defendant and the Richmond division, but the company was located in in the Alexandria division when it executed the prime contract, the breach of contract suit was transferred from the Richmond division to the Alexandria division. Background Plaintiff Multiscaff Limited is a foreign limited company incorporated in […]

Oct 31, 2023

Court construes claims in cybersecurity patent dispute

Where the parties disputed the construction of 10 claim terms in five cybersecurity patents that relate to systems and methods for evaluating packets of information travelling through a network, they were construed by the court. Background Centripetal Networks LLC sued Palo Alto Networks Inc., or PAN, alleging infringement of five cybersecurity patents that relate to […]

Oct 31, 2023

Patent infringement suit transferred to Texas

Where the defendants in a patent infringement suit could have been sued in Texas, where the majority of relevant witnesses and documents are located, and there was only a tenuous connection between this court and the plaintiff’s claim, the suit was transferred to Texas. Background SZ DJI Technology Co Ltd., or DJI, sued Bell Textron […]

Oct 31, 2023

Ex-business partners each claim other breached contract

Where parties who were formally in a business relationship alleged the other breached a 2019 contract, but there were multiple disputed issues of material fact over breach, waiver and damages, both parties’ motions for summary judgment were denied. Background Makina ve Kimya Endustrisi Kurumu AS, or MKE, sued Kutlay Kaya, Zenith Quest Corporation, Zenith Quest […]

Oct 23, 2023

Mutual company is ‘corporation’ for diversity

Where an insured argued the defendant was a mutual company of which he is a member, thus destroying diversity jurisdiction and requiring remand of the removed case to state court, his argument was rejected. The defendant was a corporation for purposes of determining diversity of citizenship. Background 110 South Perry LLC operates a residential building […]

Oct 23, 2023

Defendants show venue is improper in EDVA

Where two companies sued for patent infringement showed that neither is incorporated in the Eastern District of Virginia and neither has a regular or established place of business in the Eastern District of Virginia, venue was improper as to them, and the claims asserted against them were dismissed. Background Trend Micro Inc. filed this suit […]

Oct 23, 2023

Company must comply with insurance policy

Where a company was required to maintain a “loss fund” to secure payments on insurance claims, but the company was now insolvent, an insurance company was entitled to an injunction requiring specific performance because monetary damages would not be obtainable. Background Southern Coal Corporation brought several contract and tort claims against Brickstreet Mutual Insurance Company […]

Oct 17, 2023

Franchisor denied injunctive relief against ex-franchisee

Although a tax preparation franchisee admitted that he breached obligations under his franchise agreements by filing tax returns from the same location following his termination, but the franchisor failed to show it would otherwise suffer irreparable harm or that the equities were in its favor, its motion for injunctive relief was denied. Background JTH Tax […]

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