Maryland Court Finds No Duty to Mitigate Damages When An Enforceable Liquidated Damages Provision Exists
If you are a parent with a child in daycare, like me, or private school, you know all too well the difficult choice of selecting the perfect provider. Many providers require you to pay a substantial deposit to secure your …
When is a Breach of Contract an Unfair Business Practice – Virginia
Courts in many jurisdictions work hard to prevent parties from turning every breach of contract, no matter how egregious, into a tort claim. Plaintiffs often want to add tort claims because they may be able to recover additional compensatory damages …
Where is the Proof?
Yes, it is exciting to build a case using electronic documents, such as user-files (e.g. word processing programs) and electronically transmitted communications (e.g. e-mails). Few, if any, discovery issues in the last decade has spawned more opinions, articles and committee …
What is an Unfair Business Practice?
There are no set guidelines explaining everything that could constitute an unfair business practice. Certainly, people agree that some actions, such as fraud, qualify. But, agreeing that an abstract term like “fraud” is wrong is markedly different than agreeing that …
United States Supreme Court Weighs Whether Courts or Arbitration Panels Should Decide Whether Employment Agreements Are Subject To Arbitration
A case with significant implications affecting the enforcement of arbitration provisions in employment agreements is currently being weighed by the U.S. Supreme Court.
The United States Supreme Court recently held oral arguments in Rent-A-Center West, Inc. v. Jackson, No. 09-497 …
Choice of Law Provisions May Allow Virginia Courts to “Blue Pencil” Non-Competition Agreements
A ruling by a federal district court judge in the United States District Court for the Eastern District of Virginia may provide a basis to “blue pencil” noncompetition agreements in Virginia. ”Blue penciling” allows a judge to modify an overly-broad …
Virginia Plaintiffs in Employment Cases Usually Like To Be In State Court
In Virginia, plaintiffs’ attorneys frequently attempt to keep employment discrimination and harassment claims in state court. There are many reasons why plaintiffs frequently prefer to bring their case in state court, even if it means avoiding a Title VII action. …
The Virginia Computer Crimes Act and Punitive Damages
Recently, a Fairfax County Circuit Judge ruled that the Virginia Computer Crimes Act, §18.2-152.7:1, does not provide for the recovery of punitive damages. Employees alleging harassment often include violations of this statute in cases where the alleged harassment occurs through …
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