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Tag Archives: Contract

EDVA: Anticompetitive effects present jury questions (access required)

Several genuine disputes prevented summary judgment in a door manufacturer’s antitrust suit against the company that provided its manufacturing equipment. Background Plaintiff Steves and Sons Inc. and Defendant Jeld-Wen are both participants in the U.S. interior molded doorskin market. Doorskins ...

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WDVA: No personal jurisdiction over CA Porsche dealer (access required)

A Virginia buyer could not bring suit in the Commonwealth against a Los Angeles-based Porsche franchise because, although the transaction was within the scope of Virginia’s long-arm statute, the dealer did not purposefully avail itself of the privilege of conducting ...

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SCV: Affirmative defense triggers indemnity clause (access required)

By asserting that a contractor’s employee’s own fault contributed to her slip-and-fall, Appellant Dominion Nuclear Connecticut triggered its indemnity agreement with the contractor, Appellee Securitas Security Services USA, the high court held. Jennifer Brandenburg, a Securitas employee, allegedly slipped and ...

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Jury waiver enforceable even if contract isn’t (access required)

Analogizing to federal arbitration jurisprudence, the court held that a jury waiver was enforceable even in an agreement alleged to be fraudulently induced, since the challenging party did not allege that the waiver provision itself was procured by fraud. On ...

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Arbitration waived by merits-based litigation (access required)

An exotic dance club could not enforce arbitration agreements it obtained from its entertainers when it used those agreements as an “insurance policy” for merits-based litigation, the court of appeals said. Plaintiff/Appellee Alexis Degidio performed as a dancer at Defendant/Appellant ...

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