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Tag Archives: Contract

Removal of case not blocked by choice of law and venue clauses (access required)

Where the parties’ contact contained choice of law and venue clauses that required application of Virginia law and that the suit be brought in Richmond, neither of those conditions prevented the litigation from being removed to federal court in Richmond. ...

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Plaintiffs given opportunity to avoid transfer of case (access required)

Where buyers agreed to an Indiana forum-selection clause when they purchased a new recreational vehicle, and the manufacturer was unable to repair several defects, they were granted a hearing to demonstrate that the clause should not be enforced because it ...

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New company not liable for prior entity’s breach of settlement agreement (access required)

Where a new company was not a mere continuation of a prior company, and did not engage in a de facto merger with that prior company, the new entity was not liable for the prior one’s failure to meet payment ...

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Complaint against pharmaceutical firm fails (access required)

Where a complaint alleging that Teva Pharmaceuticals breached a contract by failing to use commercially reasonable efforts to market a particular drug, but failed to plead facts showing what efforts Teva should have made, the complaint was dismissed. Background This breach ...

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Long litigation waives arbitration provision (access required)

Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

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