Virginia Lawyers Weekly VA Lawyers Weekly

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

An investor who was promised a board seat and significant return in exchange for investing $150,000 in an Indian subsidiary of a Virginia oyster farming and distribution business has sued her former business partners for fraud and unjust enrichment after ...

Tagged with: Judge Raymond A. Jackson Tort U.S. District Court - Eastern District

Where a telecommunications systems provider delivered equipment to the defendant pursuant to a purchase order, the defendant did not pay for the equipment and never responded to the suit, a judgment in the amount of $485,592 was awarded to the ...

Tagged with: Contract Judge Leonie Brinkema U.S. District Court - Eastern District

Although the tax preparation franchisors argued their former franchisee should be ordered to transfer leases to them, they offered no evidence why his refusal was causing irreparable harm. To the contrary, any lost profits could be compensated with money damages. ...

Tagged with: Judge Rebecca Beach Smith Tort U.S. District Court - Eastern District

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

Tagged with: Intellectual Property Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where defendant restaurant breached its lease by failing to pay rent and going out of business, a liquidated damages clause in the lease is not unconscionable and will be enforced. Plaintiff landlord is entitled to $514,919 in damages from the ...

Tagged with: Contract Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

Where a party claiming it was improperly excluded from a joint venture provided only lost revenue information in discovery, and not its lost profits, it was precluded from introducing damages evidence at trial. However, it could recover nominal damages on ...

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

Where the city of Norfolk levies its Business, Professional, and Occupational License tax on an internet provider’s gross income, this violates the federal Internet Tax Freedom Act unless Norfolk’s tax has been grandfathered under the ITFA. The court does not ...

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