Virginia Lawyers Weekly VA Lawyers Weekly

Where the bank showed the borrower breached three enforceable notes for development financing, and that the defendants had both signed guarantees, judgment was entered against the defendants for $864,536.61. Background Fulton Bank N.A. seeks judgment against two guarantors for amounts ...

Tagged with: Contract Judge Douglas E. Miller U.S. District Court - Eastern District

Kevin Hart’s decision to confess to an affair on Instagram was not a breach of his fiduciary duty owed to a video game company with whom he had agreed to develop a multiplayer mobile game. Hart’s disclosure of the affair ...

Tagged with: 4th U.S. Circuit Court of Appeals Tort

Commercial Conditions requested by the City of Greensboro in connection with a proposed loan to a minority-owned television network were not unreasonable or overly burdensome. Moreover, the network did not present additional evidence establishing “a causal nexus” between any harm ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Roger L. Gregory

Where a subcontractor that performed electrical work for a project at Marine Corp Base Quantico sued a general contractor for breach of contract, it was error for the district court to dismiss the complaint based upon an exhibit that was ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

Where an “all risk” policy included accidental or fortuitous “direct physical loss[es],” and it is plausible that a fortuitous “direct physical loss” could mean the property is uninhabitable, inaccessible or dangerous because of intangible or nonstructural sources, a spa that ...

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

A company that twice filed complaints asserting patent infringement and related claims based on its beverage dispending system couldn’t dodge a motion to dismiss by arguing it needed discovery. Its complaint, meanwhile, included only conclusory allegations and was dismissed. Background ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where emails, conversations and deposition testimony, as well as the plaintiffs’ expert, suggested collusion among the defendants in the peanut selling industry resulted in approximately 12,000 farmers being underpaid, a class was certified. Background Plaintiffs are a group of peanut ...

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

Where a financial company reached into Virginia to solicit business from a Virginia-based plaintiff, the agreement contemplated performance in Virginia, money was exchanged and defendants communicated with plaintiff in Virginia “hundreds of times” by phone and email, Virginia’s long-arm statute ...

Tagged with: Judge Liam O'Grady Tort U.S. District Court - Eastern District

Although the Fourth Circuit has not addressed whether a Lloyd’s syndicate is more like a trust or a limited partnership, this court follows the approach adopted by five circuits, which treats the syndicates like limited partnerships. As such, defendants were ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Despite the defendant’s violation of a court order requiring it to provide access to books and records bearing on its financial condition, and the plaintiff’s improper public filing of sensitive login information, neither side was entitled to sanctions. Instead, the ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District