Where an employee has to stand, walk or lie down as a break from sitting about every 10 minutes and requires heavy levels of narcotics to manage his pain, he is incapable of full-time employment and thus disabled under the ...

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

Where the parties’ indemnity agreement capped payments at $4.9 million, the trial court’s award of more than $1 million in attorney fees and costs to the prevailing party, which exceeded the cap, is reversed. The prevailing party is awarded $24,999.94 ...

Tagged with: Contract Justice S. Bernard Goodwyn Supreme Court of Virginia

Where a franchisor moved to dismiss a claim alleging it failed to pay royalties to its former consultant, its motion was denied because “royalties” could plausibly be ambiguous and construed against the franchisor. Background Plaintiffs sued JTH Tax LLC d/b/a ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a party suing for breach of contract failed to show that a substantial part of the events giving rise to its claim occurred in the Norfolk division, but the property at issue was located in the Alexandria division, the ...

Tagged with: Contract Judge Roderick C. Young U.S. District Court - Eastern District

Even though the parties’ non-competition contract is enforceable on its face against defendant, who is plaintiff’s former employee, plaintiff is denied a preliminary injunction because it has not shown irreparable harm or that the equities tip in its favor. Background ...

Tagged with: Contract Fairfax Circuit Court Judge Robert J. Smith

Where the parties in this breach of contract suit are already involved in litigation in the Southern District of New York, and that litigation was connected to this one, this suit was transferred to New York. Background Robert Turcotte alleges ...

Tagged with: Contract Judge Henry E. Hudson U.S. District Court - Eastern District

Where one brother alleged his brother and their mother improperly siphoned money from a family-owned company in order to line their own pockets, his breach of fiduciary duty, breach of loyalty, joint tortfeasor and civil conspiracy claims survived a motion ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District

Although a Virginia-based company alleged it was owed commissions by an Illinois corporation because it assisted in selling over $28 million of personal protective equipment, or PPE, the suit was dismissed because the alleged breach of the agreement concerned entities ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where a father and son jointly owned a brokerage account and contractually agreed that if the brokerage received conflicting instructions, both had to agree before the brokerage could act, the father’s other children gained no rights to the account after ...

Tagged with: Contract Supreme Court of Virginia

Where a ship repair company previously signed a settlement agreement with the US Navy that contained a broad release, and it did not carve out any other claims, that release barred a breach of contract claim. Background East Coast Repair, ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Diana Gribbon Motz