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Business Law

Class certified in peanut industry antitrust case (access required)

Where emails, conversations and deposition testimony, as well as the plaintiffs’ expert, suggested collusion among the defendants in the peanut selling industry resulted in approximately 12,000 farmers being underpaid, a class was certified. Background Plaintiffs are a group of peanut ...

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Multiple contacts support jurisdiction over defendants (access required)

Where a financial company reached into Virginia to solicit business from a Virginia-based plaintiff, the agreement contemplated performance in Virginia, money was exchanged and defendants communicated with plaintiff in Virginia “hundreds of times” by phone and email, Virginia’s long-arm statute ...

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Lloyd’s syndicates treated like limited partnerships (access required)

Although the Fourth Circuit has not addressed whether a Lloyd’s syndicate is more like a trust or a limited partnership, this court follows the approach adopted by five circuits, which treats the syndicates like limited partnerships. As such, defendants were ...

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Blurring of corporate formalities supports veil piercing claim (access required)

Where the sole shareholders of corporate defendants allegedly used personal funds and jewelry to pay the corporations’ business expenses, abandoned formalities and used the corporate defendants to pay for personal obligations, those allegations were sufficient to support the veil piercing ...

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Contractor’s contract claim can’t be turned into fraud claim (access required)

Where a party to a teaming agreement alleged the other party breached a contractual obligation to provide resumes and certifications by submitting false and forged certifications and resumes, the fraud claim was dismissed because the source of the obligation was ...

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Privity of contract not required for mechanic’s lien (access required)

A general contractor properly recorded a mechanic’s lien against a corporate entity after not being paid in full for designing and building work. The entity’s owners, who contracted with the contractor, cannot seek to have the lien released on the ...

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No confusion in marketplace over CPFA designation (access required)

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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