Virginia Lawyers Weekly VA Lawyers Weekly

A lawsuit brought by a commercial painter for unpaid painting and cleaning services did not breach a forum-selection clause in the parties’ master services agreement, or MSA, because that clause applied only to future work. Background This breach of contract ...

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

In considering whether to enforce a liquidated damages clause in a contract between Mitsubishi and White Oak, only the probable actual damages as contemplated by the parties at the time of contract formation is relevant. A retrospective approach, looking to ...

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

Where a direct action brought by the company was resolved in a broad release, and there was no evidence of collusion or bad faith, a derivative action asserting identical or similar claims arising out of the same underlying facts was ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge G. Steven Agee

In a copyright infringement suit brought by members of the music industry against Cox Communications, the jury’s award of $99,830 for each of the infringing works was supported by the evidence and was not unconstitutional. However, Cox will have an ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

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

Where the city of Virginia Beach refused to participate in the closing of an arena development agreement because appellant developer had not fully funded the project before closing on a construction loan, the circuit court properly determined that the city ...

Tagged with: Contract Supreme Court of Virginia

Although a general contractor on a dormitory project at the University of Virginia failed to respond to a subcontractor’s complaint over unpaid invoices by the due date, its motion to vacate default was granted. The general contractor had a meritorious ...

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

Where a group of peanut farmers alleged that processors had a motive to depress the price of Runner peanuts, providing facts connecting issued price offers to the Runner peanut market and alleging efforts to coordinate price offers and conceal actual ...

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

The plaintiffs could not claim the defendants conspired to obstruct justice by denying them access to the courts in violation of the First and 14th Amendments because the record shows that the plaintiffs previously filed two lawsuits—a bias suit against ...

Tagged with: Civil Rights Judge T.S. Ellis III U.S. District Court - Eastern District

A Virginia statute requiring a foreign corporation that is “transacting business” in Virginia to obtain a “certificate of authority” did not apply to a Maine-based recruiting firm that brought suit over unpaid commissions. The firm’s communications into the state about ...

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