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Business Law

Demurrers to investors’ claims sustained (access required)

Where plaintiff investors in a failed maternity clothing company sued the company and its two founders, the individual defendants’ demurrers to plaintiffs’ claims are sustained. Plaintiffs are granted leave to amend their complaint. Background Evans and Wilson were co-founders of ...

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Expert lacked basis to opine on lost future sales (access required)

A physicist with experience relating to radiation protection products could not testify about lost future sales resulting from the defendants’ alleged patent infringement because his opinion was not based on specialized methodology, facts or data gathered from the relevant market. ...

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Ex-general counsel wins $3.7 million judgment against company, owner (access required)

Where a company promised to pay its general counsel a $100,000 signing bonus and a $1.2 million annual salary but failed to pay him for three years, a default judgment was entered against the company. And because its owner made ...

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Indemnity provision could include first-party claims (access required)

Where indemnity provisions in agreements with an engineering consultant did not clearly exclude first party claims, and where courts construing similar provisions had not limited them to third-party claims, the consultant’s motion to dismiss the indemnity claims was denied. Background ...

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In rem action against domain name may proceed (access required)

An anti-cybersquatting and trademark infringement action may proceed in rem against the domain name in Virginia because the plaintiff is unable to obtain in personam jurisdiction against the infringer. Although an individual defendant consented to jurisdiction in Arizona, he was ...

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Shares valued in corporate stock buyout (access required)

Where defendant elected to purchase plaintiff’s shares in lieu of dissolution in this corporate dispute, the court declines to use a revenue determination from defendant’s expert because it is based on unreliable data. The revenue determination from plaintiff’s expert will ...

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Russian owner of ‘stream-stripping’ websites may be subject to jurisdiction (access required)

The Russian owner of “stream-ripping” websites, which allow audio extraction from videos, should have known he could be sued in Virginia based upon the volume of visitors from Virginia and his other contacts with the United States. On remand, the ...

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