Virginia Lawyers Weekly VA Lawyers Weekly

Where a telecommunications systems provider delivered equipment to the defendant pursuant to a purchase order, the defendant did not pay for the equipment and never responded to the suit, a judgment in the amount of $485,592 was awarded to the ...

Tagged with: Contract Judge Leonie Brinkema U.S. District Court - Eastern District

Although the tax preparation franchisors argued their former franchisee should be ordered to transfer leases to them, they offered no evidence why his refusal was causing irreparable harm. To the contrary, any lost profits could be compensated with money damages. ...

Tagged with: Judge Rebecca Beach Smith Tort U.S. District Court - Eastern District

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

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

Where defendant restaurant breached its lease by failing to pay rent and going out of business, a liquidated damages clause in the lease is not unconscionable and will be enforced. Plaintiff landlord is entitled to $514,919 in damages from the ...

Tagged with: Contract Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

Where a party claiming it was improperly excluded from a joint venture provided only lost revenue information in discovery, and not its lost profits, it was precluded from introducing damages evidence at trial. However, it could recover nominal damages on ...

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

Where the city of Norfolk levies its Business, Professional, and Occupational License tax on an internet provider’s gross income, this violates the federal Internet Tax Freedom Act unless Norfolk’s tax has been grandfathered under the ITFA. The court does not ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Taxation Virginia Circuit Courts

Where plaintiff investors in a failed maternity clothing company sued the company and its two founders, the individual defendants’ demurrers to plaintiffs’ claims are sustained. Plaintiffs are granted leave to amend their complaint. Background Evans and Wilson were co-founders of ...

Tagged with: Corporate Fairfax County Circuit Court Judge Thomas P. Mann Virginia Circuit Courts

A physicist with experience relating to radiation protection products could not testify about lost future sales resulting from the defendants’ alleged patent infringement because his opinion was not based on specialized methodology, facts or data gathered from the relevant market. ...

Tagged with: Intellectual Property Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an insurance company had already paid $211,800 on three warranty bonds, and then received additional claims, the indemnitors were ordered to tender $950,000 to cover the money already paid and future losses. Background Great American Insurance Company filed this ...

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

Where a company promised to pay its general counsel a $100,000 signing bonus and a $1.2 million annual salary but failed to pay him for three years, a default judgment was entered against the company. And because its owner made ...

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