Where a complaint plausibly alleged claims for breach of contract and wrongful termination of a contract between two automotive parts companies, and where the plaintiff at this early stage could assert a claim for unjust enrichment in the alternative, the ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Although a tenant alleged the Department of Housing and Urban Development failed to intervene and prevent her landlord from terminating her lease, HUD regulations do not require the agency to intervene and her claim was dismissed. Background Rebecca Dare Brooks ...

Tagged with: Administrative Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the defendant had notice of the lawsuit and was served more than 30 days before it removed the case to federal court, the removal was untimely and the case was remanded to state court. But because the defendant presented ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the employer showed its former employee breached a contract and tortuously interfered with the employer’s business expectancy, the employer prevailed on these claims. A jury will decide damages. Background This case involves claims by TechINT Solutions Group LLC against ...

Tagged with: Commercial Judge Elizabeth K. Dillon U.S. District Court - Western District

Although an adult detention center violated the First Amendment and due process rights of Prison Legal News by implementing a policy that prohibited prisoners from receiving books or magazines from PLN, the publisher was awarded only a fraction of its ...

Tagged with: Constitutional Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where Royal Touch Hospitality and others were  found liable for continuing to use Choice Hotels’ trademarks after the franchise agreement was terminated, Choice was awarded damages and attorneys’ fees. Background Choice Hotels International Inc. alleges that A Royal Touch Hospitality ...

Tagged with: Intellectual Property Judge Elizabeth K. Dillon U.S. District Court - Western District

Although the complaint plausibly stated a claim for negligent staffing, the court dismissed another cause of action – for failing to implement or enforce rules, policies or procedures – because it is not recognized under Virginia law. Background In January ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

Where the record showed the testimony of a wife’s rebuttal experts was intended to respond to arguments made by the Veterans Administration experts about the cause of her husband’s death, the rebuttal experts would be allowed to testify at the ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a suit against the Veterans Administration claiming negligent medical care was filed more than two years after an MRI confirmed a diagnosis of liver cancer, the statute of limitations applied to bar the suit, which was not salvaged by ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District