Virginia Lawyers Weekly VA Lawyers Weekly

Where a licensee agreed to a reporting and royalty obligation related to sales of specific products, its incorporation of source code from one of those products without complying with the reporting and royalty obligation, was a breach of contract. This ...

Tagged with: Contract Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Contract Judge James A. Wynn Jr. Real Estate

Where the parties agreed to place their separate businesses into a jointly owned corporation, the parties’ business leases are corporate assets and must be included when valuing the corporation’s shares in this dissolution action. Overview Biton and Kreinis are equal ...

Tagged with: Business Law Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

The owner of a gun range, his employee and their respective limited liability companies challenging the denial of a license to sell firearms waived arguments made on appeal that were not raised below. Background Charles Richard Alsop Gilbert Jr., Bryon ...

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

Although the defendants in a suit claiming breach of contract, indemnification and engineering and design malpractice argued the plaintiff’s common law indemnification claim should be dismissed, their motion was denied because they did not provide the settlement, design services and ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

An “artfully pleaded” complaint for damages that asserted only state law claims was nevertheless removable to federal court because it sought to alter the terms of a tariff filed with the Federal Energy Regulatory Commission, or FERC. That same tariff ...

Tagged with: Administrative Administrative Law Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the shape and color scheme of a chicken feeder served a functional purpose, the feeder was ineligible for trade dress protection. Background In this trade dress infringement case, CTB Inc. appeals rulings granting summary judgment in favor of Hog ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge James A. Wynn Jr.

Nature Conservancy, the holder of a conservation easement on property that has been taken as part of a permanent easement for construction of a natural gas pipeline, will receive the majority of the payout, based on its majority ownership of ...

Tagged with: Commercial Judge Elizabeth K. Dillon Real Estate U.S. District Court - Western District

A limited partner’s demand to inspect partnership records must state a proper purpose for doing so. Overview Plaintiff is a limited partner of defendant Arrowhead Apartments. Plaintiff petitioned to inspect partnership records after becoming concerned about declining profitability, mismanagement and ...

Tagged with: Business Law Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts

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 ...

Tagged with: Business Law Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts