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Business Law

Jun 1, 2023

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 […]

May 23, 2023

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 […]

May 23, 2023

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, […]

May 23, 2023

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, […]

May 11, 2023

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 […]

May 9, 2023

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 […]

May 2, 2023

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[...]

Apr 25, 2023

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 […]

Apr 25, 2023

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 […]

Apr 24, 2023

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 […]

Apr 24, 2023

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 […]

Apr 24, 2023

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 […]

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