Quantcast
Home (page 2)

Tag Archives: Business Law

SCV: Creditor deserved trial on objections to modified judgment (access required)

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 ...

Read More »

4th Cir.: Company’s agreement with feds preserved privilege for subsidiary’s disclosures (access required)

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 ...

Read More »

Va. Cir.: “Unsigned” contract qualifies for 5-year limitations period (access required)

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 ...

Read More »

EDVA: Transfer to venue of company HQ was warranted (access required)

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 ...

Read More »

EDVA: CEO’s references to contractor plausibly defamatory (access required)

A manufacturer stated a claim for defamation against the project-management company for whom it had provided turbines, based on oblique comments about “quality control” made by the company’s CEO on its shareholder earnings call. Background In this action, Plaintiff Fluor ...

Read More »

EDVA: Court won’t seal trial records containing proprietary info (access required)

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

Read More »

EDVA: Indemnification clause for third parties invalid (access required)

An insurer could not enforce an indemnification clause in its insured’s architectural contract because provisions requiring contractors to indemnify other parties for negligence are void in their entirety under Code § 11-4.1. Background Defendant Lessard Design Inc. provides architectural services, including ...

Read More »

SCV: Teaming agreement didn’t create binding subcontract (access required)

After a $12 million jury award on breach-of-contract and fraudulent inducement claims, the circuit court did not err in vacating the verdict. Lost profits are not recoverable for a fraudulent inducement claim when they are premised on the unenforceable provisions ...

Read More »

4th Cir.: Jury’s mistaken contract finding upheld (access required)

The district court’s full jury instructions on mutual assent were a correct statement of Virginia law and not in error. Background Appellants Knox Energy LLC and Consol Energy Inc. filed this action seeking declaratory judgment that a drilling contract with ...

Read More »

EDVA: No servicemark in anti-cybersquatting case (access required)

A foreign company could not establish common-law trademark rights in the United States for the domain “klumba.com” because no American citizens used the company’s service. Hosting Google AdSense on the company’s Ukrainian site also didn’t put its mark in U.S. ...

Read More »