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Tag Archives: Contract

4th Cir.: Data breach victims have standing for contract claims (access required)

After credit cards were fraudulently opened in their names, a class of optometrists alleged an injury in fact traceable to their professional organization. Background In July 2016, optometrists across the nation noticed that Chase Amazon Visa credit card accounts had ...

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Long-time business deal unravels, ends in fraud lawsuit – $657,434.80 verdict (access required)

Plaintiff, Multi Textiles Inc. (“Multi Textiles”), is an importer, wholesaler, and distributor of textiles. For over 30 years, Multi Textiles supplied defendant, Tidewater Area Central Laundry, Inc. d/b/a Share Hospital Services (“SHS”), a cooperative laundry servicing multiple hospitals in the ...

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4th Cir.: $150,000 sanction on counsel, firms upheld (access required)

Attorneys’ “egregious” conduct was designed to, and did, mislead the district court, the 4th Circuit affirmed. They challenged the authenticity of a loan agreement for two years before revealing that they possessed an identical copy, obtained from their client, before ...

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Va. Cir.: Liability cap applied to attorneys’ fees (access required)

In a contract for services performed that limited the service provider’s liability to the value of the service, any attorneys’ fees awarded also could not exceed the liability cap. Background In September 2012, Plaintiff LAM Enterprises LLC contracted with Defendant ...

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WDVA: Ex-employer must arbitrate breach-of-contract claims (access required)

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

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EDVA: Non-compete enforceable, despite blue-pencil terms (access required)

A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

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WDVA: Oral “settlement” no basis to refuse discovery (access required)

A settlement agreement allegedly procured by the defendant’s “debt negotiator” will not be enforced, and the defendant must produce responsive documents in compliance with the court’s most recent discovery order. Background Plaintiff Innotec LLC sued Defendant Visiontech Sales and its ...

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WDVA: Contribution claim was time-barred, not unripe (access required)

A business owner suing his partner for contribution to their company’s shared debt could assert the claim even if he had not completely satisfied the debt, but he had not done so within the three-year limitations period. Background Plaintiff Timothy ...

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4th Cir.: Economic loss rule erases conversion win (access required)

A defendant on the hook for almost $2 million in compensatory and punitive damages for conversion is entitled to judgment as a matter of law, since the plaintiffs’ conversion claim was based entirely on losses covered by the parties’ contract. ...

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SCV: 15-year lease without seal was unenforceable (access required)

A long-term commercial lease with neither a common-law seal nor statutory seal substitutes was effectively month-to-month after a five-year term, and the trial court erred in focusing on “substance not form” to enforce the 15-year term. Background In 2000, a ...

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