Virginia Lawyers Weekly VA Lawyers Weekly

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

Where the sole shareholders of corporate defendants allegedly used personal funds and jewelry to pay the corporations’ business expenses, abandoned formalities and used the corporate defendants to pay for personal obligations, those allegations were sufficient to support the veil piercing ...

Tagged with: Contract Judge Thomas T. Cullen U.S. District Court - Western District

Where a woman agreed as part of a settlement pact to not sue a school board again for alleged violations of the Individuals with Disabilities Education Act, or IDEA, that predated the agreement, but then sued the board in violation ...

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

Where a party to a teaming agreement alleged the other party breached a contractual obligation to provide resumes and certifications by submitting false and forged certifications and resumes, the fraud claim was dismissed because the source of the obligation was ...

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

A general contractor properly recorded a mechanic’s lien against a corporate entity after not being paid in full for designing and building work. The entity’s owners, who contracted with the contractor, cannot seek to have the lien released on the ...

Tagged with: Contract Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

Where plaintiff condominium buyer sued the developer and the seller for claims arising from alleged water damage, faulty repairs and construction, the developer has standing to file a counterclaim, which alleges that plaintiff breached the sales agreement by suing the ...

Tagged with: Contract Judge Jeanette A. Irby Virginia Circuit Courts

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District