Virginia Lawyers Weekly VA Lawyers Weekly

Where plaintiff asked defendant, a heating and cooling company, to come to her residence and some weeks later entered into a home repair contract, this was not a “home solicitation sale” under the Virginia Home Solicitation Sales Act. Overview Theuer ...

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

Efforts by pharmaceutical defendants to quickly dispose of a suit alleging they didn’t use commercially reasonable efforts to market and sell a prescription drug failed because the complaint plausibly alleged they were liable under a successor liability theory and breached ...

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

Where the defendant committed at least three copyright violations by failing to obtain licenses for the use of photos of Ringo Starr, Mick Jagger and Jimmy Page, the plaintiff was awarded $1,500 per violation, as allowed by statute, plus a ...

Tagged with: Intellectual Property Judge Henry E. Hudson U.S. District Court - Eastern District

Where the contractor essentially adopted the collective bargaining agreement by making contributions to the plaintiff fund in accordance with the terms of the CBA, the contractor was liable for an early exit contribution required by the CBA. Background The sole ...

Tagged with: Contract Judge Liam O'Grady U.S. District Court - Eastern District

Where the government’s complaint identified the mental health provider’s fraudulent conduct, claimed the provider acted with deliberate ignorance or reckless disregard of that conduct, plausibly alleged the government would not have paid the false invoices and provided examples of false ...

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

Although seven months elapsed before the plaintiff moved to amend its complaint to attempt to pierce the corporate veil, it was reasonable to use discovery to identify a factual basis for the claim. The amended complaint was allowed. Background Jared ...

Tagged with: Commercial Judge Joel Hoppe U.S. District Court - Western District

Where the court could not conclude as a matter of law that a reasonable jury would not have a legally sufficient basis to find for the non-moving party, both sides’ motions for judgment as a matter of law were denied. ...

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

Where the contract dispute brought by former employees could have been filed in the Western District of Virginia, the events largely occurred in the WDVA, which is where the witnesses were located, and there were numerous judicial vacancies in the ...

Tagged with: Contract U.S. District Court - Western District

Where defendants’ compromise statements were erroneously admitted to prove the validity of the plaintiff’s claim for a commission on the sale of industrial property, and the error was not harmless, the defendants were entitled to a new trial. Background A ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Albert Diaz

The administrative record did not show the Patent and Trademark Office, or PTO, adopted a secret rule, order or policy to decline to issue patents or to take final PTO action on plaintiff’s patent applications. Rather, delays in processing the ...

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