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 ...

Tagged with: Civil Procedure Contract Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

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 ...

Tagged with: Attorneys Fees Business Law Civil Practice Contract Judge Jackson L. Kiser U.S. District Court - Western District

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 ...

Tagged with: Business Law Contract Corporate Education Judge Claude M. Hilton Tort U.S. District Court - Eastern District

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 ...

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

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 ...

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

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Attorneys Fees Civil Practice Civil Procedure Contract Corporate Intellectual Property Judge G. Steven Agee

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 ...

Tagged with: Contract Justice Elizabeth A. McClanahan Land Use & Zoning Municipal Real Estate Real Property Supreme Court of Virginia

Lured by the prospect of protecting his real estate from creditors, an elderly property owner’s sale of his land to a “holding entity” – which he was (wrongly) told would hold the property in trust – was not voidable on ...

Tagged with: Contract Per Curiam Opinion Real Estate Virginia Court of Appeals Wills & Trusts

A subcontractor could not prevail on claims of quantum meruit or unjust enrichment when the disputed matters were clearly within the scope of the parties’ agreement. Background In 2014, Plaintiff Total Technology Solutions entered into an agreement with Defendant ActioNet ...

Tagged with: Business Law Contract Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

The court lacked authority to review, on the plaintiff’s appeal, a dismissal order that simply granted a putative class-action plaintiff’s request for voluntary dismissal. Background Appellant Erin Keena purchased a voucher from Appellee Groupon Inc. In the course of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Business Law Civil Procedure Class Action Contract Judge Robert B. King