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Hindu group sues over retreat center construction
A Hindu organization that brought a breach of contract claim over the construction of a spiritual and cultural retreat center defeated a motion to dismiss because the signatures on the parties’ letter agreement and factual allegations allowed the court to infer the religious group and the defendant were the signatories. Background International Swaminarayan Satsang Organization […]
Russian owner of ‘stream-stripping’ websites may be subject to jurisdiction
The Russian owner of “stream-ripping” websites, which allow audio extraction from videos, should have known he could be sued in Virginia based upon the volume of visitors from Virginia and his other contacts with the United States. On remand, the court must determine whether the exercise of jurisdiction is constitutionally reasonable. Background This appeal concerns […]
Commercial painter’s lawsuit did not breach forum-selection clause
A lawsuit brought by a commercial painter for unpaid painting and cleaning services did not breach a forum-selection clause in the parties’ master services agreement, or MSA, because that clause applied only to future work. Background This breach of contract action arises out of a default judgment that Certa Pro Painters of College Station obtained […]
Retrospective approach to damages fails
In considering whether to enforce a liquidated damages clause in a contract between Mitsubishi and White Oak, only the probable actual damages as contemplated by the parties at the time of contract formation is relevant. A retrospective approach, looking to the actual damages incurred, is improper. Background In 2013, Mitsubishi Hitachi Power Systems Americas Inc. […]
Settlement of direct action renders derivative action moot
Where a direct action brought by the company was resolved in a broad release, and there was no evidence of collusion or bad faith, a derivative action asserting identical or similar claims arising out of the same underlying facts was moot Background After the Boards of Directors responsible for the management of Oldfield, a residential […]
Cox can’t avoid $1 billion verdict, but can attempt to reduce award
In a copyright infringement suit brought by members of the music industry against Cox Communications, the jury’s award of $99,830 for each of the infringing works was supported by the evidence and was not unconstitutional. However, Cox will have an opportunity to show that the number of works at issue were overstated. Background On July […]
Seller of fake Lamborghini products must pay $6 million judgment
A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation claims, the maximum amount of statutory damages were awarded, as was a permanent injunction. Background [&[...]
City did not breach arena development agreement
Where the city of Virginia Beach refused to participate in the closing of an arena development agreement because appellant developer had not fully funded the project before closing on a construction loan, the circuit court properly determined that the city did not breach the development agreement. Overview The city of Virginia Beach made a development […]
UVa dorm contractor has defense to subcontractor’s claim
Although a general contractor on a dormitory project at the University of Virginia failed to respond to a subcontractor’s complaint over unpaid invoices by the due date, its motion to vacate default was granted. The general contractor had a meritorious defense, including identifying the subcontractor’s numerous breaches of the agreement and the impact of COVID-19 […]
Peanut farmers assert processors engaged in price fixing
Where a group of peanut farmers alleged that processors had a motive to depress the price of Runner peanuts, providing facts connecting issued price offers to the Runner peanut market and alleging efforts to coordinate price offers and conceal actual inventory using trade associations, the processors’ motions to dismiss were denied. Background The plaintiffs are […]
Defendants did not obstruct justice in prior lawsuits
The plaintiffs could not claim the defendants conspired to obstruct justice by denying them access to the courts in violation of the First and 14th Amendments because the record shows that the plaintiffs previously filed two lawsuits—a bias suit against Fairfax County and conspiracy suit against former colleagues— and both were dismissed for reasons unrelated […]
Maine business may sue without certificate of authority
A Virginia statute requiring a foreign corporation that is “transacting business” in Virginia to obtain a “certificate of authority” did not apply to a Maine-based recruiting firm that brought suit over unpaid commissions. The firm’s communications into the state about the fee arrangement and potential candidates were not “transacting business.” Background In this breach of […[...]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
