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Business Law

4th Cir.: Contempt, sanctions for infringement affirmed (access required)

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

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SCV: “Infinity” value made formula unenforceable (access required)

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

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Va. Cir.: Quasi-contract claims were within agreement’s scope (access required)

A subcontractor could not prevail on claims of quantum meruit or unjust enrichment when the disputed matters were clearly within the scope of the parties’ agreement. Background In 2014, Plaintiff Total Technology Solutions entered into an agreement with Defendant ActioNet ...

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4th Cir.: No appellate jurisdiction after voluntary dismissal (access required)

The court lacked authority to review, on the plaintiff’s appeal, a dismissal order that simply granted a putative class-action plaintiff’s request for voluntary dismissal. Background Appellant Erin Keena purchased a voucher from Appellee Groupon Inc. In the course of the ...

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4th Cir.: Policy limits upheld for certain asbestos claims (access required)

General-liability insurers could enforce their policy limits as to completed-operations and products hazard claims against the insured, stemming from decades-old asbestos exposure. Background This insurance-coverage dispute involves the applicability of two insurers’ policies to past, pending, and future asbestos-related bodily ...

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EDVA – Owner may be liable for judgment against company (access required)

Dominion Virginia Power’s lawsuit to enforce a large judgment against a company that sold it “black mud” instead of coal will proceed against the company’s owner and president, with punitive damages potentially available. Background In 2014, Plaintiff Dominion Virginia Power ...

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EDVA: Privilege doesn’t attach to valuation documents (access required)

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

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WDVA: Va. had personal jurisdiction over N.C. contractor (access required)

The court could exercise personal jurisdiction over a North Carolina company sued for nonpayment by a Virginia contractor, without offending due process principles. Background Plaintiff Joe Rainero Tile Co., d/b/a Permatile, is a Virginia corporation located in Washington County. Defendant ...

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SCV: “Add-back” exception only for income actually taxed (access required)

Rather than construing an ambiguous tax statute against the Commonwealth, the “add-back” statute intended to close a loophole – wherein a corporate entity pays royalties to an affiliated intangible holding company – required a national retail store to count such ...

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SCV: Code provides options for large renewable-energy consumers (access required)

High-demand customers can purchase renewable energy from competitive service providers under a statutory framework for “individual retail customers.” Background This appeal presents the question whether certain large electricity consumers can purchase electricity from any licensed supplier of energy in the ...

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