Virginia Lawyers Weekly VA Lawyers Weekly

Where a railroad waited too long before suing over alleged anticompetitive conduct involving deliveries at the Norfolk International Terminals, or NIT, it could not rely on new overt acts to revive the time-barred claims. And because the new, timely overt ...

Tagged with: Judge Mark S. Davis Tort U.S. District Court - Eastern District

Where the court previously denied the defendants’ motion to transfer the suit to New Jersey, and the defendants moved for reconsideration, their reconsideration motion was denied because it repeated arguments already made, or which should have been made, in their ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

Where plaintiff bought a commercial property at a foreclosure sale and the prior owner had assigned all income and rights to secure a loan from defendant bank, plaintiff is not entitled to a $450,000 payment a tenant made to the ...

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

Where the defendant is a resident in the forum, and thus the case would not ordinarily be eligible for removal, but the plaintiff agreed to a forum-selection clause that allowed this court as one of two “exclusive” venues, that clause ...

Tagged with: Contract Judge Robert E. Payne U.S. District Court - Eastern District

Where the company that makes Timberland boots argued that eight specified features of one of its boots qualified for a trademark, but the evidence showed that the features were functional, the boots were ineligible for registration under the Lanham Act. ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

Where appellee, a surety company, issued performance and payment bonds to a construction company that later defaulted on its obligations, the surety lacks a priority interest in the company’s deposits held by appellee bank. The bank had a perfected security ...

Tagged with: Contract Judge Thomas P. Mann Supreme Court of Virginia

The circuit court correctly concluded that a road extension contract unambiguously provided that the developer of a residential neighborhood and an apartment complex for seniors was responsible for the contract costs. Background Mintbrook Developers owned property on which it developed ...

Tagged with: Contract Judge Stuart A. Raphael Virginia Court of Appeals

Where a sod company contracted with a transportation company to move sod from Kentucky to a soccer field in Virginia, a forum selection clause in a 2012 contract between the transportation company and a separate entity related to the sod ...

Tagged with: Contract Judge Marla Graff Decker Virginia Court of Appeals

In this case involving plaintiff, a body piercing service, and defendants, seven former employees and a newly formed competitor, defendant’s demurrers to claims of breach of fiduciary duty, statutory and common law conspiracy, conversion and a violation of the Computer ...

Tagged with: Business Law First Judicial Circuit Judge Marjorie A. Taylor Arrington Virginia Circuit Courts

Where the Fourth Circuit has not yet recognized the “unlawful use doctrine” as a valid affirmative defense to actions for trademark infringement, and there is a split among other circuits to decide the issue, the court declined to consider the ...

Tagged with: Intellectual Property Judge David J. Novak U.S. District Court - Eastern District