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Tag Archives: Commercial

Patent holder awarded royalty, not injunction

Where a patent holder argued an infringing competitor should be permanently enjoined from selling the infringing products, its motion was denied. The patent holder was instead awarded a reasonable royalty to compensate it for the competitor’s continuing infringement and the ...

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‘Nondelegable’: Wife won’t face housing bias claims alone

A husband’s attempt to foist upon his wife any potential liability for alleged violations of state and federal housing discrimination laws at a property they co-own was thwarted in federal court. After learning that a tenant couple was expecting a ...

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Injunction properly issued against Dutch company

Where a Dutch entity based in the Netherlands argued the North Carolina district court impermissibly applied United States and North Carolina law extraterritorially when it preliminarily enjoined certain conduct, but the injunction addressed conduct affecting American customers, the argument failed. ...

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Co-landlord can’t dismiss tenants’ fair housing suit

Where tenants alleged their husband-and-wife landlords violated federal and Virginia law by stating a discriminatory policy or preference against renting to families with children, and the husband argued all the communications were only with the wife, his motion to dismiss ...

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Jury to decide if companies engaged in conspiracy

Where there were disputed facts over whether two drug companies used a settlement agreement for anticompetitive reasons, causing resulting injury, their motions for summary judgment were denied. Background Plaintiffs claim that defendants Merck and Glenmark conspired to delay the introduction ...

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Court joins other circuits, relaxes Rule 9(b) standard

In an issue of first impression, the court joined other circuits in holding that when alleging fraud by omission or concealment, given that critical facts related to such allegations are uniquely within the defendant’s knowledge and control, plaintiffs may partly ...

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Suit filed over unpaid Covid healthcare staffing invoices

Where two companies alleged a third company failed to pay them for medial staffing services to the states of Idaho and Washington to alleviate hospital staffing and supply shortages caused by COVID-19, they plausibly alleged claims for fraud and conversion. ...

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Parties waived right to seek pre-judgment interest

Where neither party requested an instruction on prejudgment interest, neither party requested a verdict form asking the jury to determine pre-judgment interest and neither party objected to the court’s final verdict form that omitted any question of pre-judgment interest, both ...

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Construction disputes over Fort Benning project resolved

Where a general contractor and subcontractor involved in a federal construction project at Fort Benning claimed the other was liable for damages, the court resolved all outstanding issues in a comprehensive opinion following a bench trial. Background This suit concerns ...

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Retailer says exclusive deal was wrongfully terminated

Where the exclusive dealer for wood-chipping equipment in Virginia alleged it was terminated without a reasonable opportunity to cure the alleged performance deficiencies and for reasons beyond its control, its statutory and breach of contract claims survived the manufacturer’s motion ...

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