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Tag Archives: Contract

4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

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Va. Cir.: Amended anti-SLAPP fee provision not retroactive (access required)

A Yelp reviewer who successfully defended against defamation claims couldn’t claim attorneys’ fees under Va. Code § 8.01-223.2 because 2017 amendments weren’t retroactive, a Virginia circuit court held. Background Defendant Jeremiah Jones retained Plaintiff Will Nesbitt Realty LLC to assist him in renting a ...

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Va. Cir.: Distinct contract claim was eligible for nonsuit (access required)

Despite past litigation on the parties’ agreements that ended in a nonsuit, the present litigation – though based on the same contracts – is eligible for separate nonsuit because the present claims arise out of a separate transaction or occurrence ...

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WDVA: Accepting benefits, successor formed implied contract (access required)

Although written documents were unclear as to whether a therapy service contract transferred to a subsequent facilities operator, the successor’s acceptance of therapy services as if the service contract applied created a contract implied-in-fact, with the same payment terms as ...

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EDVA: All claims fail in sex-abuse fallout litigation (access required)

After reports of sexual misconduct appeared in the Washington Post, a private school sued its former executive director for allegedly sharing sensitive documents with the paper, and she counterclaimed based on the circumstances of her resignation. No reasonable jury could ...

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EDVA: Officers personally liable for $1.2M in business loans (access required)

Notwithstanding his claims that bank representatives misled him, the president of a Richmond-based energy company signed loan agreements and guarantees that clearly stated his personal liability for his company’s obligations. Background In 2009, Defendants Dominion Energy Management Inc. and its ...

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4th Cir.: UIM policy didn’t apply to rental truck incident (access required)

After an underinsured motorist caused death and injury to two of the insured’s contractors, limitations in the UIM policy’s declarations page were dispositive in determining whether the contractors’ vehicle was covered. Background Carlos Castillo and Marco Gabarette were independent contractors ...

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4th Cir.: Contempt, sanctions for infringement affirmed (access required)

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

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SCV: “Infinity” value made formula unenforceable (access required)

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

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