On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys. This case helpfully illustrates the factors courts in the Fourth Circuit analyze when considering class action settlements and showcases the sizable fees plaintiffs’ attorneys can obtain. The case is In re Zetia (Ezetimibe) Antitrust Litigation, No. 2:18-md-02836-RBS-DEM.
Business Litigation
Lawsuit Against the National Trust Over Preservation of Historic Home Dismissed
By Dabney J. Carr on
Posted in Business Litigation
Oatlands Historic House in Leesburg, VA was built in 1804 and is recognized as one of the finest federal-period country estate homes in the country. The home and approximately 400 surrounding acres were donated to the National Trust for Historic Preservation in 1965, and the property is managed by Oatlands, Inc. (Oatlands) under a series of co-stewardship agreements with the National Trust.
EDVA Judge Grants Preliminary Injunction Requiring Property Seller to Execute Rezoning Proffer
By Dabney J. Carr on
Posted in Business Litigation, Court Procedure
As we posted here and here, a defining aspect of practice in the EDVA’s rocket docket is the ability to quickly obtain preliminary relief. A recent decision by Judge Leonie Brinkema again illustrates how swiftly the court can move. GW Acquisition Co., LLC v. Pageland Limited Liability Co., Case No. 1:23-cv-1207, 2023 U.S. Dist. LEXIS 181048 (Oct. 6, 2023).
EDVA Judge Denies Motion to Strike New Evidence in Reply Brief and Transfers Patent Case to California
By Dabney J. Carr on
Posted in Business Litigation, Court Procedure
In an October 3 decision, U.S. District Judge Thomas S. Ellis III granted a motion to transfer venue of a patent case brought in the EDVA to California under 28 U.S.C. § 1404(a). Monarch Networking Solutions LLC .v Juniper Networks, Inc., Case No. 1:23 CV670, Dkt. No. 70 (E.D.Va. Oct. 3, 2023).
Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward
By Dabney J. Carr on
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and tasting room to be built in Williamsburg. Michael Pellis Architecture PLC v. M.L. Bell Construction LLC, Civil Action No. 3:22CV470 (DJN), 2023 U.S. Dist. LEXIS 169697 (E.D.Va. Sept. 22, 2023)