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Business Law

Va. Cir.: Oyer for corporate documents denied (access required)

A defendant may not crave oyer for documents other than deeds or letters of probate and administration, outside the narrow exceptions of (1) agreement of the parties, or (2) supplements to documents related to deeds or probate that are already ...

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4th Cir.: Medical reimbursement scheme was material omission (access required)

Investors’ complaint against a medical device company sufficiently alleged violations of § 10(b) of the Securities Exchange Act, claiming that the company’s officers knowingly misrepresented material facts constituting a fraud on the market. Background Appellee TranS1 received approval in 2004 ...

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4th Cir.: Decision reserving judgment was not “final” (access required)

A written decision resulting from the parties’ agreed-upon dispute-resolution process was not a “final” decision under the Federal Arbitration Act because it reserved the decision-maker’s right – without time limitation – to change the decision if its underlying assumptions proved ...

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EDVA: No (further) fees awarded in bitter patent fight (access required)

Following contentious patent litigation, the court declined to award attorneys’ fees requested on grounds that the patent owner’s claims and litigation conduct were exceptionally unreasonable. Background Plaintiff CertusView Technologies LLC holds five related patents related to its “e-Sketch” technology, which ...

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Va. Cir.: Jury verdict enforcing expired contract was unjust (access required)

A jury’s advisory verdict awarding specific performance of the parties’ contract was a plain deviation from right and justice, given that the contract’s term had expired. Background The parties in this case – Plaintiff Rockbridge Area Conservation Council and Defendant ...

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WDVA: Law firm’s time-barred debt action is triable FDCPA violation (access required)

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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CAV: No interlocutory review in Tesla litigation (access required)

The court of appeals lacked jurisdiction to review the order of a circuit court, acting in its appellate capacity, finding that the appellant had standing to litigate the action. Background Appellant Tesla Inc. sought to open a manufacturer-owned dealership in ...

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EDVA: Anticompetitive effects present jury questions (access required)

Several genuine disputes prevented summary judgment in a door manufacturer’s antitrust suit against the company that provided its manufacturing equipment. Background Plaintiff Steves and Sons Inc. and Defendant Jeld-Wen are both participants in the U.S. interior molded doorskin market. Doorskins ...

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Absent net earnings, LLC distributions were improper (access required)

Investor-members of a dissolving LLC were liable for the return of a large distribution made irrespective of the LLC’s losses on its investments. Background In December 2007, Meritage Fund I LLC — of which Plaintiff Williamson Equity Partners LLC is ...

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