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 ...

Tagged with: Business Law Order Supreme Court of Virginia

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 ...

Tagged with: Business Law Civil Procedure Discovery Judge Robert E. Payne U.S. District Court - Eastern District

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. ...

Tagged with: Business Law Civil Procedure Constitutional Due Process Fifth Amendment Judge Liam O'Grady U.S. District Court - Eastern District

A company that obtained a trademark for the phrase “we buy houses” cannot enforce it, because the phrase was used extensively by industry participants to describe a class of services rather than any particular service provider. Background Plaintiff Express Homebuyers ...

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

In arranging a site visit from a competitor, a cooking-oil refinery’s attempt to safeguard its technology via prior agreement was only partially successful. Though largely unenforceable, the agreement demonstrated the plaintiff’s desire and reasonable efforts to maintain its technology as ...

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

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

Tagged with: Arbitration Business Law Civil Procedure Contract Judge Norman K. Moon Tort U.S. District Court - Western District

After granting a judgment debtor’s motion to reduce the amount of a confessed judgment, the circuit court erred in not setting the creditor’s objections to the modified amount for trial. Background On November 19, 2008, Appellee Hunter Mill West executed ...

Tagged with: Business Law Justice Cleo E. Powell Supreme Court of Virginia

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Contract Criminal Evidence Judge Roger L. Gregory

The material terms of the parties’ contract for services were committed to writing in daily sales tickets and an invoice for hours of services performed. Absent additional conditions agreed upon by the parties, an unsigned writing can be a written ...

Tagged with: Business Law Civil Procedure Construction Contract Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts

Although the plaintiff’s choice of venue would ordinarily be entitled to great weight, several factors tipped the balance in favor of transfer to California, including the location of the defendant company’s headquarters, the location of key witnesses, and the small ...

Tagged with: Business Law Civil Procedure Class Action Judge M. Hannah Lauck U.S. District Court - Eastern District