Virginia Lawyers Weekly VA Lawyers Weekly

The trial court correctly ruled that a general contractor was liable under the doctrine of unjust enrichment for construction materials a subcontractor received from a supplier. Overview Davis, the general contractor for a condominium project, hired H&2 as the drywall ...

Tagged with: Contract Judge Stephen R. McCullough Supreme Court of Virginia

A trust failed to remove the original corporate trustee after it merged with another bank. The trust agreement provided the original corporate trustee could only be removed for cause, and after the merger, the new combined bank stood in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge J. Harvie Wilkinson III

The plaintiff, a retail furniture store in North Carolina, failed to establish jurisdiction over the two individuals who sold it the business. Neither of the two sellers assumed individual obligations in the supply agreement, which was the basis of the ...

Tagged with: Business Contract Judge Douglas E. Miller U.S. District Court - Eastern District

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.