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Effort to bar noncompetes falls short
A bill that would outlaw Virginia noncompete agreements is dead in the House of Delegates. House Bill 1187, introduced by Del. Patrick Hope, D-Arlington, would have banned contracts restricting former employees from engaging in any lawful profession, trade or business. The bill spelled out exceptions for the sale of a business and for business organizers. […]
Supreme Court strikes noncompete, says law has changed
An employee for a pest-control company who went to work for a competitor need not worry about that noncompete he signed some time ago. Today a divided Supreme Court of Virginia affirmed dismissal of the company’s suit to enforce the noncompete. The take-away tip for lawyers drafting noncompetes: Make sure to match the activities you […]
Noncompete was overbroad, gets struck
A new case from Hanover County demonstrates once again what happens when companies write noncompete agreements that overreach. They get tossed out the door. In Specialty Marketing Inc. v. Lawrence (VLW 010-8-061), the employee signed a noncompete as part of a stock ownership deal. The company is a wholesaler of consumer home and auto electronics. […]
Noncompete decision by arbitrators will stand
The Supreme Court of Virginia has declined to overturn an arbitration award that included resolution of a noncompete issue. In Cotton Creek Circles LLC v. San Luis Valley Water Co., the high court looked at a case involving ranches and water rights in Colorado. Three businesses entered into an LLC; one of members, Boyce, also […]
Court decides gross negligence, employment cases by order
The Supreme Court of Virginia dropped the other shoe today in the second of two wrongful death cases involving charities that it heard in October. As we reported here last week, the court reinstated by unpublished order a dismissal by a judge who concluded that the plaintiff had not shown the gross negligence required to […]
Court decides gross negligence, employment cases by order
The Supreme Court of Virginia dropped the other shoe today in the second of two wrongful death cases involving charities that it heard in October. As we reported here last week, the court reinstated by unpublished order a dismissal by a judge who concluded that the plaintiff had not shown the gross negligence required to […]
A new twist in noncompete cases
Noncompete cases always seem to generate a great deal of interest when we feature them in the paper. This week, we got a case that has a new twist. It was decided by Virginia Beach Circuit Judge Joe Canada. The case involves three guys who partnered to start a martial arts studio. Their cooperative agreement […]
Doctor’s noncompete decision withdrawn
In the March 3 issue of Virginia Lawyers Weekly, we reported an interesting twist in a doctor’s noncompete case out of Winchester Circuit Court. The case is General Surgery Specialists v. Bowers. A judge held that a noncompete prohibiting a surgeon from practicing in Winchester and Frederick County was reasonable in its terms. But the […]
4th Circuit reverses business noncompete damage award
Last year, VLW reported a Richmond federal court decision that highlighted the difference between a noncompete in the sale of a business, versus an employment contract noncompete. In Western Insulation LP v. Moore, U.S. District Judge James R. Spencer awarded nearly $1 million in damages to a Henrico County insulation company that alleged the business […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
