Free Newsletter
Consumer Protection – Unfair/fraudulent debt collection suit was wrongly dismissed
West Virginia court vacated summary judgment favoring LoanCare in a debt collection suit, ruling that intent is not required to prove statutory violations under the consumer protection act.
Contract: Former employees enjoined from using trade secrets
Where former employees did not dispute that they took information about clients when they left a wealth management firm to establish their own firm, and that such information was a trade secret, the district court’s injunction was affirmed.
Commercial: Companies squabble over who must satisfy strict products liability judgment
Where two companies were previously held jointly and severally liable for supplying contaminated eyewash, but one company’s culpable conduct was more extensive and of a different nature than the conduct of the other company, the first company must indemnify the second company.
Tort: Trade secrets claim is reinstated
Where the district court dismissed a trade secret claim because it concluded that a company did not plausibly allege it took reasonable measures to protect the secrecy of the proprietary software, it erred. The company plausibly alleged that the proprietary software was covered by the confidentiality provision, which was a reasonable measure intended to keep it secret.
Contract: Court resolves dispute over liquidated damages clause
Where a general contractor and surety argued a plaintiff’s damages were limited by a liquidated damages clause, these arguments failed. The construction contract’s liquidated damages clause is not exclusive. And the surety may owe damages under the performance bond.
Corporate: Court declines to expel minority members from LLC
Where the circuit court concluded that the conduct of minority members did not make it not reasonably practicable to carry on the business, and this conclusion was neither “plainly wrong” nor was it “without evidence to support” it, the court declined to expel the minority members from the LLC.
Tort: VUTSA preemption argument is rejected
Where defendants argued the Virginia Uniform Trade Secrets Act preempted other non-statutory trade secret claims, this argument failed. Because the factual claims in this case go beyond misappropriation of trade secrets alone, preemption does not apply at this stage.
Contract: Default judgment entered against subcontractor
Where a subcontractor abandoned a job, and then failed to respond to the lawsuit, it was adjudged liable for over $142,000 in damages.
Appeals: Circuit court retained jurisdiction to grant/modify stay pending appeal
Where a party argued the circuit court lost jurisdiction to extend the conditions of a stay pending appeal after 21 days, this argument failed. Rule 1:1B confers concurrent jurisdiction on the trial court to grant and modify a stay pending appeal and to set and modify the security to suspend execution pending appeal.
Contract: Buyers sued after sale of car dealerships falls through
Where the buyers and guarantors argued the breach of contract claims should be dismissed because the relevant sale agreements included numerous conditions to closing that were not satisfied, the court denied their motions to dismiss. The disputed contractual language was ambiguous and thus not susceptible to resolution on a motion to dismiss.
Contract: Out-of-state defendant is subject to jurisdiction
Where an out-of-state company deliberately engaged in significant or long-term business activities in Virginia, the agreement required performance in Virginia and the company engaged in extensive telephonic and electronic communications about the agreement and the project with a Virginia-based plaintiff, it was subject to personal jurisdiction in Virginia.
Contract: Guarantor can’t escape obligation
Where the guarantor of a company’s debt argued the plaintiff failed to show the company was in default, based on the lack of periodic billing statements in the record, but the agreement does not state that failing to deliver or generate them relieved the company of any obligation to pay each month, this argument was rejected.
Verdicts & Settlements
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
Opinion Digests
- Zoning – Neighbors’ challenge to 24 new townhouses fails
- Constitutional – Dispute between church and presbytery is reinstated
- Sanctions – Attorney sanctioned for violating multiple Rules of Professional Conduct
- Criminal – Sex offense defendant ineligible for sentence reduction
- Patent and trademark – Patent infringement suits to remain in EDVA
- Civil Procedure – Court finds diversity after ignoring fraudulently joined party
- Criminal – Defendant was wrongly convicted of purchasing lion cubs
- Patent and trademark – News publication enjoined from rebranding itself as “The Star”
- Employment – Government prevails on discrimination and retaliation claims
- Employment – FMLA retaliation claim survives motion to dismiss
- Employment – Physicians’ RICO claims against UVA are dismissed
- Insurance – Carrier prevails in coverage dispute
