Free Newsletter
Breach of duty and other claims move forward
In this case involving plaintiff, a body piercing service, and defendants, seven former employees and a newly formed competitor, defendant’s demurrers to claims of breach of fiduciary duty, statutory and common law conspiracy, conversion and a violation of the Computer Crimes Act are overruled, as is a demurrer to plaintiff’s request to enjoin the competing […]
No unilateral revocation of LLC voting rights
There is no statutory or common law right for a limited liability corporation member to unilaterally revoke an assignment of voting rights to another member. In the alternative, the court “holds that the assignee members in the present case assigned their voting rights coupled with an interest. Thus, if common law principal-agency principles applied in […]
Evidence supports verdicts in trade secrets case
In this business torts case, the trial court’s rulings on damages, attorney fees and interest are affirmed in part and reversed in part, which makes a third remand necessary. Overview This appeal arises from the trial court’s partial judgment against appellant Sidya. Appellee World Telecom sued Sidya for business torts and civil conspiracy. A jury […]
COVID closures not covered by policy
An insurance company’s motion for summary judgment was granted after a federal judge ruled that the insurance policy as written did not cover losses related to closures caused by COVID-19 orders. The plaintiffs sought nearly $11.5 million in “business interruption losses” stemming from closures in 2020. Their motion for partial summary judgment was denied by […]
Policy’s virus exclusion bars COVID coverage
An insurer’s virus exclusion barred a beauty salon’s claims for business losses related to the COVID-19 pandemic. The salon sought coverage under its business loss policy for losses suffered when it closed because of COVID-19 orders. But Judge Robert E. Payne pointed out that the Eastern District of Virginia addressed a similar matter earlier this […]
Off the hook: Contractual performance excused due to COVID
As businesses have suffered and shuttered over the course of the COVID-19 pandemic, countless contractual obligations have gone by the wayside. In ensuing litigation, many businesses have sought to escape or limit their liability for contractual nonperformance, citing various considerations related to the pandemic. In two recent decisions, in Massachusetts and New York, courts have […]
Corporate shares valuation includes commercial leases
Where the parties agreed to place their separate businesses into a jointly owned corporation, the parties’ business leases are corporate assets and must be included when valuing the corporation’s shares in this dissolution action. Overview Biton and Kreinis are equal shareholders in New Tomorrow, a corporation they formed on Sept. 15, 2017, to sell cosmetics. […]
Partnership records demand must state proper purpose
A limited partner’s demand to inspect partnership records must state a proper purpose for doing so. Overview Plaintiff is a limited partner of defendant Arrowhead Apartments. Plaintiff petitioned to inspect partnership records after becoming concerned about declining profitability, mismanagement and “a steeply discounted buy-out offer.” Plaintiff, dissatisfied with the extent of the informat[...]
$1.7 million awarded on unjust enrichment claim
Where plaintiffs and defendants were guarantors of a defaulted loan, and plaintiffs funded the settlement with the lending bank, defendants are liable to plaintiffs for $1.7 million on an unjust enrichment theory. Background The Coves, the Wallens and the Blacks agreed to develop some commercial real estate. The couples formed and operated Stonecroft Business Park […]
Sufficient evidence for successor liability claim
On remand from a prior appeal, the trial court erred by finding that appellant failed to prove a successor liability claim by a preponderance of the evidence. Overview In a previous phase of this case, the circuit court awarded appellant La Bella Dona a judgment against three former employees and their competing business, Bon Air […]
EDVA: Plaintiff’s “unclean hands” irrelevant to antitrust relief
Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves & Sons Inc. seeks equitable relief against Jeld-Wen based on antitrust violations. At the hearing [&[...]
EDVA: Texas company’s purchase orders established “minimum contacts”
A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. asserting breach of contract and unjust enrichment, due to Midway’s failure to pay for certain [&helli[...]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
