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Tag Archives: Contract

Off the hook: Contractual performance excused due to COVID (access required)


As businesses have suffered and shuttered over the course of the COVID-19 pandemic, countless contractual obligations have gone by the wayside. In ensuing litigation, many businesses have sought to escape or limit their liability for contractual nonperformance, citing various considerations ...

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Plaintiff awarded over $1.9 million in suit related to I-81 construction — $1,986,089.70 verdict (access required)

Type of action: Breach of contract Injuries alleged: Breach of contract and indemnity Name of case: W.C. English Inc. v. Rummel, Klepper & Kahl LLP Court: U.S. District Court for the Western District of Virginia, Lynchburg Division Case no.: 6:17cv00018 ...

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Store roof partially collapsed after torrential rain — $460,000 verdict (access required)

Type of action: Breach of contract Injuries alleged: Failure to indemnify after roof collapse, payment of workers compensation payments caused by injury to worker from roof collapse Name of case: Variety Stores Inc. v. Martinsville Plaza LLC Court: U.S. District ...

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Warranty claim foreclosed by provision in contract (access required)

Where a DuPont facility continued using allegedly defective natural gas-fired burners after discovery of the defect, that foreclosed its breach of warranty claim because a provision in the parties’ contract provided that continued use of the allegedly defective product after ...

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Jury to decide which party breached contract (access required)

Where a subcontractor providing laundry and linen services to a general contractor under that party’s contract with the University of Virginia sought liquidated damages and attorneys’ fees when its subcontract was ended early after UVA terminated the main contract, its ...

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Declaratory judgment dismissed where breach already occurred (access required)

Where parties sought a declaratory judgment that factoring company was not entitled to payment because of an alleged breach, but the breach has already occurred and any damages were already suffered, the declaratory judgment counts were dismissed with prejudice. Background ...

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Defendant lacks legal obligation to plaintiff in collection case (access required)

Defendant is entitled to summary judgment in this collection case because plaintiff has produced no evidence of any legal obligation between defendant and the entity that defaulted on loans obtained from plaintiff. Facts Plaintiff FVCBank has sued defendant Transform Holdco ...

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