Business Law

Jun 1, 2021

Prevailing party gets fees on motion to compel

Where a party suing for breach of contract successfully prevailed on its motion to compel emails and documents relating to a prior contract, because the hourly rates of its attorneys at Foley & Lardner were slightly above those of attorneys in the district with similar experience, it was awarded $22,505.50 in fees, instead of the […]

Jun 1, 2021

Exclusions bar COVID-19 coverage

Where a logistics and warehouse company submitted a claim for business losses caused by COVID-19 and shutdown orders, the complaint was dismissed because the virus and organic pathogen exclusions prohibit claims caused by a virus. Background L&L Logistics and Warehousing Inc. sued its insurance carrier, Evanston Insurance Company, because L&L submitted a claim for business […]

May 25, 2021

Declaratory judgment dismissed where breach already occurred

Where parties sought a declaratory judgment that factoring company was not entitled to payment because of an alleged breach, but the breach has already occurred and any damages were already suffered, the declaratory judgment counts were dismissed with prejudice. Background In May 25, 2018, the United States Army Corps of Engineers, or USACE, awarded Ashford […]

May 25, 2021

Peanut firms to pay $57M to settle price fixing case

Two peanut processors sued for depressing the price for runner peanuts will pay over $57.75 million to resolve claims brought by a class of peanut farmers after the court found the class-action settlement was adequate, conducted at arms-length and equitable. Background Plaintiffs are a group of peanut farmers who sell raw, harvested runner peanuts to […]

May 7, 2021

Defendant lacks legal obligation to plaintiff in collection case

Defendant is entitled to summary judgment in this collection case because plaintiff has produced no evidence of any legal obligation between defendant and the entity that defaulted on loans obtained from plaintiff. Facts Plaintiff FVCBank has sued defendant Transform Holdco on Feb. 26, 2020, to collect on construction loans made to Dominion. The loan was […]

Apr 30, 2021

No evidence of harm dooms false advertising claim

Where there were no factual allegations showing a company’s use of the trademark “REJUVenate” for disinfectants caused past lost sales, future lost sales or harm to reputation to another company that uses the trademark “Rejuvenate” for cleaning products, the false advertising claim was dismissed. Background For Life Products LLC claims that Universal Companies Inc. and […]

Apr 30, 2021

Owners sued for corporation’s alleged fraud

Where a unity of interest and ownership was alleged to exist between the corporation and its two owners, and the owners allegedly used the corporate form to disguise a wrong or obscure a fraud, in particular, to avoid payment of withdraw liability from an employee benefit plan, the veil-piercing claim survived the motion to dismiss. […]

Apr 30, 2021

Russian ‘stream ripping’ site can be sued here

Where the Russian-based operator of two websites that provide “stream ripping” of commercial sound recordings had US -based lawyers, more than 1.5 million web visitors from Virginia, collected visitors’ personal information and Virginia had a strong interest in not becoming a safe haven for intellectual property infringement, personal jurisdiction over the operator was not constitutionally [[...]

Apr 30, 2021

Vagisan mark is confusingly similar to Vagisil

Where Vagisil, the trademark for women’s health care products is commercially strong, and Vagisan, the mark for German-based products is “sufficiently similar” and a consumer survey showed actual confusion, the Vagisan trademark was rejected. Background Since the mid-1970s, Combe Inc. has sold an array of women’s vaginal-health products under the name “Vagisil.” In 1978, it […]

Apr 23, 2021

Association expenses and charges properly calculated

Where plaintiff, a commercial owners association, based its assessments on the total square footage of defendant member’s property instead of the developed portion only, this was in accordance with the parties’ contract. As a result, when defendant did not fully pay the assessments because it disagreed with plaintiff’s calculations, defendant was in default and is […]

Apr 23, 2021

Dissolved corporation still can be sued

Although the California corporation was dissolved in September 2018, it may still be sued for its predissolution activities. The plaintiff has 14 days to serve an officer, director or person having charge of the company’s assets before it can seek alternative service upon the California Secretary of State. Background Plaintiff has filed proof of service, […]

Apr 23, 2021

Agreement not to challenge patent upheld

Where the competitor of a company that develops surgical implant devices agreed, in a prior licensing agreement, to not challenge the validity of certain of the implant maker’s patents, that promise extended to a subsidiary later acquired by the competitor. Background Biedermann Technologies GmbH & Co.’s patent infringement lawsuit against K2M Inc. and K2M Group […]

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