Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Corporate Fairfax County Circuit Court Judge Thomas P. Mann Virginia Circuit Courts

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. ...

Tagged with: Intellectual Property Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an insurance company had already paid $211,800 on three warranty bonds, and then received additional claims, the indemnitors were ordered to tender $950,000 to cover the money already paid and future losses. Background Great American Insurance Company filed this ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a party’s actions would not have misled the average businessperson, summary judgment was granted on a claim under the Unfair and Deceptive Trade Practices Act, or UDTPA. Background Benchmark Electronics Inc. and Benchmark Electronics de Mexico S. de R.L. ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial

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 ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

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 ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

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 ...

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

A Hindu organization that brought a breach of contract claim over the construction of a spiritual and cultural retreat center defeated a motion to dismiss because the signatures on the parties’ letter agreement and factual allegations allowed the court to ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Roger L. Gregory