Virginia Lawyers Weekly VA Lawyers Weekly

Where the parties’ contract required “exclusive venue in Giles County, Virginia” for disputes arising under the contract, and there is no federal court in Giles County, enforcement of the forum selection clause required remand to the circuit court. Background This ...

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

Where a patent holder previously filed five patent infringement suits in the Eastern District of Texas against purchasers of “high pressure fuel injection valves,” a suit brought by the manufacturer of those valves, seeking a declaration of non-infringement, was transferred ...

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

In an issue of first impression, the court held that although a company was not the initial registrant of the relevant domain name, it could nonetheless be held liable for cybersquatting because the Anti-Cybersquatting Consumer Protection Act, or ACPA, encompasses ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Stephanie Dawn Thacker

Where one party to a government contractor dispute moved to exclude two experts proposed by the other party, its motions were denied. The experts’ testimony was admissible, not irrelevant and not inherently unreliable. Background This case concerns a dispute between ...

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

Where there were disputed issues of material fact over whether a government contractor was entitled to recover for claimed project change notices, or PCNs, where it allegedly failed to obtain written authorization prior to executing the alleged changes, summary judgment ...

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

Where appellant, a part owner of a car repair and painting business, sold appellee’s vehicle after obtaining a declaration from the DMV that it had been abandoned, the trial court should have granted appellant’s motion for judgment notwithstanding the jury’s ...

Tagged with: Business Judge Mary Grace O'Brien Virginia Court of Appeals

Where a government contractor asserted a claim for breach of an express warranty; a claim for the breach of implied warranty of merchantability and a claim for breach of the implied warranty of fitness for a particular purpose against a ...

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

Where a company that provides intellectual property support services was sued for allegedly misrepresenting what it would charge for patent renewal services, but the alleged misrepresentations were only in the parties’ written agreement, and the complaint lacked allegations about the ...

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

Where a railroad waited too long before suing over alleged anticompetitive conduct involving deliveries at the Norfolk International Terminals, or NIT, it could not rely on new overt acts to revive the time-barred claims. And because the new, timely overt ...

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

Where the court previously denied the defendants’ motion to transfer the suit to New Jersey, and the defendants moved for reconsideration, their reconsideration motion was denied because it repeated arguments already made, or which should have been made, in their ...

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