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Business Law

‘Inter parties’ review results in stay of suit (access required)

Where a network security company alleged that several products from a competitor infringed 13 of the plaintiff’s patents, but the defendant had petitioned for inter partes review, or IPR, the suit was stayed pending resolution of the IPR proceedings. Background ...

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Meaning of ‘commercially reasonable efforts’ clarified (access required)

Where an asset purchase agreement required the purchaser to use “commercially reasonable efforts” to market and sell a pharmaceutical drug, the court clarified how the business interest privilege affected this obligation. Background This matter comes before the court following extensive ...

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Medical centers’ COVID business loss claims dismissed (access required)

Where medical centers sought coverage for COVID-related business losses under the biocontamination and decontamination costs provisions in their policy, their claims are dismissed. The provisions require changes to the nature of the insured property that necessitates either repair or replacement ...

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Class certified in COVID-related business interruption suit (access required)

Where a Virginia business alleged that the defendants breached insurance contracts by denying every claim for COVID-19 related loss of income and/or extra expenses, the other affected business could be identified and damages could be calculated through a common methodology, ...

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Court lacks jurisdiction over Florida defendants (access required)

Where Florida-based defendants who were sued for trademark infringement by a mortgage services company have not been involved with loans in Virginia, Virginia residents have not registered with or submitted any loan applications through their website and they have not ...

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Agent’s suit claiming Allstate stole his clients is dismissed (access required)

Where an insurance agent sued Allstate for giving his book of business to another agent, but the agency agreement provided that all insurance policies were owned by Allstate, the conversion claim failed as a matter of law. Background Keith Hallacher ...

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Competitors can’t dismiss false advertising claim (access required)

Where two companies that manufacture and sell wood protection products moved to dismiss a third competitor’s suit claiming they engaged in false advertising, their motion was denied because the complaint pleaded that a false representation was made in interstate commerce, ...

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Damages properly awarded for breached agreement (access required)

Where the purchasers did not close on the sale of two commercial buildings, the trial court correctly determined the purchasers breached the sales contract after rejecting their argument that the parties voluntarily terminated the deal. Further, the trial court correctly ...

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Policy doesn’t apply to closures caused by COVID orders (access required)

Where businesses sought insurance coverage for losses related to the partial suspension of their operations, as well as the costs of remediating the threat of COVID-19, the carrier prevailed because a communicable disease caused by a virus does not fall ...

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