Updates

Posted on January 28, 2016

EDVA Judge dismisses case against parent company after finding parent was not “Alter Ego” of Virginia subsidiary

Piercing corporate structures remains tough in Virginia, even if only to show jurisdiction. In a discrimination case brought by an employee of a Virginia-based subsidiary against his employer, its controlling......

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Posted on January 28, 2016

Virginia Federal court allows jury in trademark case even where demand came 5 months too late

In a Lanham Act case involving pharmaceutical products, Judge Conrad of the Western District of Virginia granted plaintiff’s motion for a jury trial, even though it was made only four......

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Posted on January 28, 2016

Disappointed that PTAB declined inter partes patent review? Tough, EDVA Judge rules

The Patent and Trademark Board’s decision on whether to grant inter partes review cannot be challenged in court. In Medtronic, Inc. v. Lee, 1:15-cv-946 (E.D. Va. Jan. 21, 2016), after......

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Posted on December 17, 2015

Court Orders Arbitration of Patent License Dispute

Virginia federal courts still err in favor of arbitration in business cases, even where parties take measures to avoid it. In University of Virginia Patent Foundation v. DynaVox, where......

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Posted on July 1, 2015

WATCH OUT – Virginia tightens policy on contractor licenses as of July 1, 2015

Be careful of your contractor licenses and worker classifications in Virginia. Under a new policy effective July 1, 2015, where VOSH has reasonable cause to believe workers are being misclassified......

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Posted on July 1, 2015

New statute has power to nullify lien waivers in Virginia

Effective July 1, 2015, any provision of a construction contract or lien waiver that “waives or diminishes” the payment bond or mechanic’s lien rights of a subcontractor, lower-tier subcontractor or......

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Posted on June 11, 2015

Western District of Virginia narrowly construes Virginia’s anti-indemnification statute

Rental companies may now rest easier in indemnity cases in Virginia.  In RSC Equipment Rental v. Cincinnati Ins. Co., the Western District of Virginia denied a general contractor’s motion to......

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Posted on June 11, 2015

Email evidence supports time extension, defeats general contractor’s delay claim

Don’t delete a good email. In United States ex rel. Engineered Services v. T.H.R. Enterprises, a subcontractor defeated a general contractor’s delay claim and won its entire contract balance using......

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Posted on June 11, 2015

Notice under Virginia’s Little Miller Act must be received by 90-day deadline

Notice that is mailed, but not received, by the 90-day deadline in Virginia’s Little Miller Act is untimely under Virginia law, according to a case of first impression in Norfolk......

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