Updates

Jim Chapman Represents Plaintiff, Receives 100% Treasure Salvage Award in S.S. Central America Case

Posted on September 7, 2016
Posted in Updates

Federal Judge Announces Favorable Ruling in the Matter of the SS Central America and Recognizes the  Contribution of Odyssey Marine Exploration TAMPA, Fla., Sept. 06, 2016 (GLOBE NEWSWIRE) — Ira Owen Kane, the court-appointed Receiver for the salvor of the SS Central America, Recovery Limited Partnership (RLP), announced today that on August 31, 2016, Chief […]

READ MORE

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

Posted on January 28, 2016
Posted in Cases, Updates

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 mid-level subsidiary, and the Indiana parent company of both, Judge Conrad of the Western District of Virginia granted the parent company’s motion to dismiss for […]

READ MORE

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

Posted on January 28, 2016
Posted in Updates

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 months before trial and outside the time prescribed by Rule 38. In Concordia Pharm. Inc. v. Method Pharm. LLC, No. 3:14-cv-16 (W.D. Va. Nov. 4, […]

READ MORE

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

Posted on January 28, 2016
Posted in Updates

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 the PTAB terminated an inter partes review seeking to determine the validity of two patents, the petitioner appealed the decision to federal court. But Judge […]

READ MORE

Date of Mailing Doesn’t Save Payment Bond Claim

Posted on December 17, 2015
Posted in Updates

In a case of first impression in Virginia, the circuit court in Norfolk confirmed that the date of mailing is meaningless to satisfy notice requirements on a state law payment bond claim. The date that matters is the one on which the general contractor receives the notice. Under the Little Miller Act in Virginia, a […]

READ MORE

Court Orders Arbitration of Patent License Dispute

Posted on December 17, 2015
Posted in Updates

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 a patent licensee refused to pay royalties on grounds that its products were not covered by the patent, a Virginia federal court held that the dispute […]

READ MORE

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

Posted on July 1, 2015
Posted in Updates

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 on a Virginia construction project (usually as independent contractors), VOSH may require each contractor to provide proof of its own DPOR license and the DPOR […]

READ MORE

New statute has power to nullify lien waivers in Virginia

Posted on July 1, 2015
Posted in Updates

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 material supplier before services are rendered is “null and void” in Virginia.  The new language in Va. Code § 11-4.1:1 and Va. Code § 43-3 […]

READ MORE

Contractor’s failure to provide project accounting leads to criminal conviction under Va. Code § 43-13

Posted on June 11, 2015
Posted in Updates

Violation of Va. Code § 43-13 leads to criminal, not civil, liability. Under § 43-13, when a contractor receives money from an owner to pay subcontractors, he cannot use the money for any other purpose. In Holloway v. Commonwealth, owners paid a contractor $422,000 towards a new home, but after five suppliers and subcontractors went […]

READ MORE

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

Posted on June 11, 2015
Posted in Updates

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 dismiss where the contractor sought to avoid indemnifying a forklift supplier by invalidating its indemnity clause.  Under Va. Code § 11-4.1, a party in a […]

READ MORE
Lawyer Search