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Business Law

$1.7 million awarded on unjust enrichment claim (access required)

Where plaintiffs and defendants were guarantors of a defaulted loan, and plaintiffs funded the settlement with the lending bank, defendants are liable to plaintiffs for $1.7 million on an unjust enrichment theory. Background The Coves, the Wallens and the Blacks ...

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EDVA: Plaintiff’s “unclean hands” irrelevant to antitrust relief (access required)

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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EDVA: Texas company’s purchase orders established “minimum contacts” (access required)

A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

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EDVA: No sovereign immunity for tribal lending companies (access required)

In a suit alleging usurious loans, two online-lending companies created by Chippewa tribal leaders failed to prove by a preponderance of the evidence that they were entitled to sovereign immunity as arms of the tribe. Background The Lac Vieux Desert ...

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EDVA: “We buy houses” trademark generic, unenforceable (access required)

A company that obtained a trademark for the phrase “we buy houses” cannot enforce it, because the phrase was used extensively by industry participants to describe a class of services rather than any particular service provider. Background Plaintiff Express Homebuyers ...

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WDVA: Trade-secrets claim against competitor goes forward (access required)

In arranging a site visit from a competitor, a cooking-oil refinery’s attempt to safeguard its technology via prior agreement was only partially successful. Though largely unenforceable, the agreement demonstrated the plaintiff’s desire and reasonable efforts to maintain its technology as ...

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EDVA: Jury must decide whether conduct waived non-waiver clause (access required)

In a contract dispute between a Dominion subsidiary and a pipeline-construction company, the court resolved some issues related to non-payment claims, but held that the scope of the parties’ contract and certain aspects of its performance could not be determined ...

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WDVA: Court strikes “faux counterclaims” against non-parties (access required)

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

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SCV: Creditor deserved trial on objections to modified judgment (access required)

After granting a judgment debtor’s motion to reduce the amount of a confessed judgment, the circuit court erred in not setting the creditor’s objections to the modified amount for trial. Background On November 19, 2008, Appellee Hunter Mill West executed ...

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4th Cir.: Company’s agreement with feds preserved privilege for subsidiary’s disclosures (access required)

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

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