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Tag Archives: Business Law

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 ...

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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 ...

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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 ...

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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 ...

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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. ...

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SCV: Shareholder suits need not make “futile” demands (access required)

The circuit court erred in in dismissing the plaintiff’s derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. No such demand is required when it would ...

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Va. Cir.: Liability cap applied to attorneys’ fees (access required)

In a contract for services performed that limited the service provider’s liability to the value of the service, any attorneys’ fees awarded also could not exceed the liability cap. Background In September 2012, Plaintiff LAM Enterprises LLC contracted with Defendant ...

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4th Cir.: Faulty permit filings foreclosed property interest (access required)

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

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4th Cir.: Preponderance standard governs Lanham Act fees (access required)

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com ...

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WDVA: Ex-employer must arbitrate breach-of-contract claims (access required)

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

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