Where plaintiff, a commercial owners association, based its assessments on the total square footage of defendant member’s property instead of the developed portion only, this was in accordance with the parties’ contract. As a result, when defendant did not fully ...

Tagged with: Contract Judge Jeanette A. Irby Loudon Circuit Court Virginia Circuit Courts

Where the prime contractor’s breach of contract claim would resolve whether a subcontractor failed to meet deadlines and whether the prime contractor suffered damages, its declaratory judgment claim was dismissed as redundant. Background In May 2011, the United States Army ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the disability administrator’s initial letter concluded the applicant was disabled due to a mental condition, but its final determination concluded that he was not, the claim was remanded to the administrator so that the applicant could administratively appeal the ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

Where defendants sued for failing to make a settlement payment fulfilled that obligation (with interest) during the litigation, the payment mooted the breach of contract claim but not the fraudulent inducement claim because the plaintiff also sought out-of-pocket expenses, lost ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

IBM unsuccessfully argued that its subcontractors’ breach of contract suit alleging it failed to pay them for options years violated an anti-assignment provision in its terms and conditions, constituted an unenforceable penalty or was contrary to a limitation of liability ...

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

A judge correctly read an ambiguous contract to find that a juice maker had been squeezed by one of its buyers for millions of dollars in rebates that the buyer wasn’t entitled to, the 4th U.S. Circuit Court of Appeals ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

Where an agreement between two parties waived consequential damages but one party breached that agreement and sued for damages between $30-90 million, the non-breaching party was entitled to recover over $1.6 million in attorneys’ fees and costs incurred in defending ...

Tagged with: Contract Judge Leonie M. Brinkema U.S. District Court - Eastern District

The inventor of a portable drain cleaning tool has sued its former distribution partner, alleging it breached a nondisclosure agreement and used confidential information to develop a competing product.  Background Plaintiffs C. Charles Gallo, CDC Products Inc. and Quality Innovations ...

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

Where a food manufacturer prevailed on its breach of contract counterclaim because its contract with a food buyer was unambiguous, the decision was affirmed. The decision found that even if the contract was ambiguous, it led to the same result, ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge G. Steven Agee

Where the plaintiff in a breach of contract case sought to discover settlement discussions between the defendant and a third party, the defendant was granted a protective order. It was not clear the settlement information was relevant to the case ...

Tagged with: Contract Judge Robert S. Ballou U.S. District Court - Western District