Virginia Lawyers Weekly VA Lawyers Weekly

Where plaintiffs alleged that property developers interfered with their rights related to land in a commercial, retail and residential planned development, several claims were dismissed because of an exculpation clause in the property owners association, or POA, declaration. Background This ...

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

Where the plaintiff alleged the defendants converted its shares by improperly ousting it from a company, but the claim was based on a contract and there was no evidence of force, threats, violence or some other breach of the peace, ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where the prime contractor on an Army construction project alleged it was required to assume the subcontractor’s work in an effort to mitigate its current and future subcontract breaches, and that it was required to make over $9 million in ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where the United States Patent and Trademark Office, or USPTO, refused to reinstate the plaintiffs’ patent cooperation treaty, or PCT, application after they paid the required fees, that was arbitrary and capricious. The office had granted relief to at least ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where a West Virginia business closed two of its art studio locations because of the governor’s Covid-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Barbara Milano Keenan

Where a patent holder failed to allege facts sufficient to support a plausible claim that the defendant knowingly induced others to infringe the plaintiff’s patents, or that defendant acted with the specific intent to do so, an indirect infringement claim ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where there were disputed issues of material fact on whether patents were indefinite, whether prior art rendered a patent obvious and whether a similar machine was on sale and publicly known at the time a patent was obtained, summary judgment ...

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

In this business torts case, the trial court’s rulings on damages, attorney fees and interest are affirmed in part and reversed in part, which makes a third remand necessary. Overview This appeal arises from the trial court’s partial judgment against ...

Tagged with: Business Law Justice D. Arthur Kelsey Supreme Court of Virginia

Where the plaintiffs were bound by a prior settlement with the defendants related to royalty claims for a defined period of time, and the plaintiffs are now pursuing trespass claims for a different time period, the district court did not ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Henry F. Floyd

Where a member of a limited partnership that managed assets of a family trust alleged the person controlling the partnership acted improperly, but the claim was not brought derivatively on behalf of the partnership, the “novel” pleading strategy was rejected. ...

Tagged with: Judge Rossie D. Alston Jr. Tort U.S. District Court - Eastern District