Where plaintiffs entered into loan agreements with interest rates that far exceeded those allowed under Virginia’s usury laws, they were not compelled to arbitrate their claims as required under the contract because the arbitration clause’s attempt to disavow federal and ...

Tagged with: Commercial Judge M. Hannah Lauck U.S. District Court - Eastern District

A defendant was not entitled to judgment as a matter of law on antitrust claims brought by the plaintiff where the jury has a sufficient basis from which to conclude that the defendant’s acquisition of a competitor caused a decrease ...

Tagged with: Commercial Judge Robert E. Payne U.S. District Court - Eastern District

Where a debtor agreed to pay attorneys’ fees incurred in attempts to recover money owed under a loan in a contract signed prior to his filing for bankruptcy, the creditor was entitled to recover attorneys’ fees that were incurred after ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Pamela A. Harris

The agreement between the taxpayer and a third-party to finance the payment of property taxes owed on his residential home was a consumer credit transaction and the taxpayer had standing to bring claims for violations of federal statutes where the ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Allyson K. Duncan

The owner of two high pressure natural gas pipelines was granted an injunction prohibiting construction of an asphalt roadway over the pipelines after establishing that without mitigation measures, the construction would cause harm to its right to safely maintain the ...

Tagged with: Commercial Judge Mark Davis U.S. District Court - Eastern District

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

Although the statute allowed a special commissioner to receive a commission on each parcel of real property sold, the court exercised its discretion to award a reduced amount it found appropriate as most of the properties were sold in a ...

Tagged with: Commercial Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

A company found liable for antitrust violations will be required to divest a doorskin manufacturing facility in order to restore competition to the industry. Background Steves and JELD-WEN both sell interior molded doors that include a product called “doorskins” JELD-WEN ...

Tagged with: Commercial Judge Robert E. Payne U.S. District Court - Eastern District

In prioritizing competing liens on personal property, the court found a bank’s interests were superior to those of the Internal Revenue Service, which had tax liens against the property, because it had perfected its interests first. Background On Dec. 18, ...

Tagged with: Commercial Judge Glen E. Conrad U.S. District Court - Western District

Three patents for “high-tech snooping” processes used for online marketing were not enforceable. The internet context didn’t establish sufficient inventiveness over conventional, abstract concepts. Background This case involves technology that helps businesses pry into peoples’ personal preferences and privacy. Advertisers ...

Tagged with: Commercial Intellectual Property Judge John A. Gibney Jr. Patent Disputes Telecommunications U.S. District Court - Eastern District