Business Law

Jul 27, 2015

Attorney’s Fees Awarded in LLC Case

In the wake of the Norfolk Circuit Court opinion upholding a commissioner’s decision rejecting certain claimed expenses by a manager of an LLC, the court will allow 70 percent of the remaining attorney’s fees requested, or $19,773.20, and allow $5,205.83 in fees incurred since the receipt of the commissioner’s report, for a total of $24,979.03. […]

Jul 27, 2015

Inventor Sues for PTO’s 20-Year Delay

An engineer-inventor may sue defendant Patent and Trademark Office for a declaration that the PTO has unreasonably delayed final agency action on 80 of his 300 pending patent applications, originally filed in the months prior to June 8, 1995; the Alexandria U.S. District Court has subject matter jurisdiction in this matter under § 706(1) of […]

Jul 27, 2015

Lawyer’s Advice No Defense in FCA Case

In this False Claims Act suit against a South Carolina nonprofit hospital, the trial court did not err in granting a retrial and the 4th Circuit affirms a $237.4 million award for plaintiff in the second trial; although the original trial judge ordered the new trial after deciding it had erred in excluding a hospital […]

Jul 15, 2015

Notice ‘Delivery’ Needed for Little Miller Act

In plaintiff subcontractor’s suit against the general contractor and its payment surety under the Virginia Public Procurement, or “Little Miller Act,” the Norfolk Circuit Court says it will not consider as support for defendants’ summary judgment motion a USPS tracking history report attached as “Exhibit A” and a paralegal’s affidavit describing her use of the […]

Jul 14, 2015

‘Best Result’ for Client Earns Full Fee

After finding defendant owners of a closely held corporation individually liable for a breach of contract and entering summary judgment against plaintiff corporation for the full amount of damages requested by plaintiff, the Alexandria U.S. District Court awards plaintiff $134,640 in attorney’s fees. As the prevailing party, plaintiff is entitled to costs under Fed. R. […]

Jul 14, 2015

High-Rise Building Copyright Claim Fails

In this suit alleging the design of a high-rise apartment building in McLean, Va., infringes on plaintiff architectural firm’s copyright for a condominium building in Minneapolis, the 4th Circuit upholds summary judgment for defendant design firm. Plaintiff Humphreys & Partners Architects LP (HPA) sued Lessard Design Inc. and multiple co-defendants, claiming that the design, development, [&h[...]

Jul 9, 2015

Sureties Can Collect on Indemnity Contract

Plaintiffs, sureties that issued numerous construction payment and performance bonds and are suing debtor Truland Entities to enforce collateral security and indemnification provisions in their Indemnity Agreements, win a summary judgment award of $16,790,728.42 in this decision by the Alexandria U.S. District Court, with the court finding all of defendants’ contested assets available to plainti[...]

Jul 9, 2015

Damages Disputed for Amount in Controversy

In this dispute between a cloud-based computing services company and a software start-up, the Alexandria U.S. District Court says the record on summary judgment does not show that defendant could owe no more than $63,000 for the alleged breach of its contract for cloud-computing services and the motion to dismiss for lack of subject matter […]

Jul 8, 2015

No False Ad Claim for ‘Bonded Leather’ Ads

Defendants, a furniture manufacture, a leather industry trade association and its laboratory and lab director, win summary judgment in a false advertising suit filed by a furniture covering designer that alleged defendants’ advertisements and statements referencing a “bonded leather” product made with leather fibers violated the Lanham Act. Plaintiff Design Resources Inc. (DRI) develops furn[...]

Jul 8, 2015

Bieber Faces Revived Copyright Suit

A Virginia-based R&B singer/songwriter “DeRico” gets another chance to make his copyright infringement case against Usher and Justin Bieber who recorded several versions of plaintiff’s “Somebody to Love” song; the 4th Circuit reverses dismissal of the songwriters’ suit, saying a reasonable jury could find the songs are “intrinsically similar.” Plaintiff Devin Copeland is a Virg[...]

Jun 18, 2015

Patent Firm Did Not Breach Standard of Care

A client whose legal malpractice complaint alleges it did not follow defendant law firm’s advice about its patent application that was “buried” within an amendment to a draft response to a patent examiner has not alleged the firm breached the standard of care for patent attorneys, and the Fairfax Circuit Court dismisses its complaint. To […]

Jun 17, 2015

Corporate Veil Pierced on Contract Claim

Defendants who owned and managed a closely held corporation are individually liable for a breach of contract judgment against the corporation; the Alexandria U.S. District Court says the owners’ commingling of personal and corporate assets, failure to observe any corporate formalities and use of the corporation to evade personal obligations make it appropriate to pierce […]