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Jury to decide if LHRA is liable for voiding contract
Where the Lynchburg Redevelopment and Housing Authority, or LRHA, voided a contract for security services, a jury will decide if the contract award was arbitrary or capricious and if the security system manufacturer mitigated its damages. Background Ocean 10 is the manufacturer of the TSUNAMI system, an advanced, mobile security camera surveillance system. Ocean 10 […]
Valid contract dooms unjust enrichment claim
Where the parties did not dispute that a valid contract existed between them, the plaintiff’s alternative claim for unjust enrichment was dismissed. A plaintiff may plead an unjust enrichment claim in the alternative only in the absence of an enforceable contract. Background In this lawsuit, Colonna’s Shipyard Inc. alleges Coastal Cement Corporation breached an agreement […]
Company awarded damages against former franchisee
Where a former franchisee for a tax preparation company breached franchise agreements and promissory notes, failed to return company property after her franchise agreements were terminated and competed with the company using its property, the company was awarded damages, attorneys’ fees and an injunction. Background Liberty Tax Service filed suit against a former Liberty franchisee, […]
Party awarded more than $725K in attorneys’ fees
Where the buyer of three parcels of land prevailed in its suit against the sellers, after they refused to sign required rezoning forms, the buyer was awarded more than $725,000 in attorneys’ fees. Although the buyer originally sought over $1 million in attorneys’ fees, its request was reduced because of block billing and vague entries, […]
Property conveyance did not transfer contract claim
Where a building owner sued its tenant for breach of contract, the owner could still pursue its claim after transferring the property to a third party. Background Oreze Healthcare operated an assisted living facility. A regulatory board suspended the license of Oreze’s administrator. “If the facility ceased operations, the residents risked eviction. To avoid this […]
Company had no duty to intervene in dispute
Where a subcontractor sued an employer after the employer refused to intervene in a dispute between the subcontractor and general contractor, the employer’s motion to dismiss was granted. The subcontractor failed to identify a single provision of statute or federal regulation that vested the employer with the authority to reinstate a subcontractor that has been […]
General contractor liable for failure to pay for materials
Where a general contractor failed to pay for building materials, the general contractor and its personal guarantor were liable for the cost of the materials, pre-judgment interest, attorney’s fees and costs and post-judgment interest. Background L&W Supply Corporation furnishes building materials to contractor customers to use on various public and private commercial and residential projects[...]
Polluter failed to adhere to clean-up promises
Where a corporate polluter previously agreed in a consent decree to comply with “all applicable federal law,” but it then allowed required permits covering facilities in Alabama and Tennessee to lapse, the district court did not err in awarding stipulated penalties pursuant to the decree and compelling compliance. Background Southern Coal Corporation discharges pollutants into […]
Patent holder awarded royalty, not injunction
Where a patent holder argued an infringing competitor should be permanently enjoined from selling the infringing products, its motion was denied. The patent holder was instead awarded a reasonable royalty to compensate it for the competitor’s continuing infringement and the loss of its right to exclude. Background After a six-day trial, the jury returned a […]
Patent dispute transferred to Illinois federal court
Where companies alleged that Ace Hardware infringed the companies’ patents by importing infringing products into the United States, but the non-party witnesses, party witnesses and relevant documents were in Illinois, where Ace Hardware is based, and there was an insubstantial connection with this court, the suit was transferred to the Northern District of Illinois. Background […]
Nutritional formulations ineligible for protection
Where an inventor argued the United States Patent and Trademark Office wrongfully denied patent protection to his nutritional formulations, but each of the claims dealt with products of nature or abstract ideas that are patent ineligible and the additional claim elements did not transform the natural products into a patent-eligible application, the USPTO was granted […]
Company sues competitor for patent infringement
Where a company suing a competitor for direct infringement of its patents for a system and method for removing animals from indoor facilities included factual allegations, photos and a video showing the competitor’s employees allegedly carrying out the patented bird removal process, its direct infringement claims survived the competitor’s motion to dismiss. Background Safe Haven […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
