Virginia Lawyers Weekly VA Lawyers Weekly

Where a reasonable person would conclude a consultant was entitled to compensation after he fully performed under the parties’ contract, the court did not err in awarding damages using unjust enrichment principles. Background In connection with two undeveloped parcels of ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where homeowners alleged their interior designer inflated expenses without their knowledge, and that they were forced to hire another design team and spend significant sums addressing her inability to complete the job, their breach of contract claim survived the motion ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where there were disputed issues of fact over whether a subcontractor hired to perform renovation work at Arlington National Cemetery was provided with a legitimate chance to remedy deficiencies during a three-day “cure period” required by the subcontract, summary judgment ...

Tagged with: Contract Judge Mark S. Davis U.S. District Court - Eastern District

Where a security company alleged that the Lynchburg Redevelopment and Housing Authority, or LRHA, failed to pay for 24 surveillance cameras, LRHA’s statute of frauds argument was rejected because the complaint alleged part performance. Background This case is a contract ...

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

Where the defendant’s CEO allegedly promised in July 2020 to satisfy all past due invoices (back to December 2017), Va. Code § 8.01-229(G) operated to restart the statute of limitations. Background According to the first amended complaint, Kiss Technologies Inc. ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where plaintiffs alleged that property developers interfered with their rights related to land in a commercial, retail and residential planned development, several claims were dismissed because of an exculpation clause in the property owners association, or POA, declaration. Background This ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District

Where the plaintiff alleged the defendants converted its shares by improperly ousting it from a company, but the claim was based on a contract and there was no evidence of force, threats, violence or some other breach of the peace, ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where the prime contractor on an Army construction project alleged it was required to assume the subcontractor’s work in an effort to mitigate its current and future subcontract breaches, and that it was required to make over $9 million in ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where the United States Patent and Trademark Office, or USPTO, refused to reinstate the plaintiffs’ patent cooperation treaty, or PCT, application after they paid the required fees, that was arbitrary and capricious. The office had granted relief to at least ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where a West Virginia business closed two of its art studio locations because of the governor’s Covid-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Barbara Milano Keenan