Legal Opinion
Trex Co., Inc. v. ExxonMobil Oil Corp.
District Court, E.D. Virginia
Decided December 10, 2002No. CIV.A. 02-529-APublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
In this diversity declaratory judgment action, the parties to a transaction involving the sale of a business dispute whether a particular patent infringement suit is a liability retained by the seller or one assumed by the purchaser. At issue on summary judgment is the interpretation of provisions in the parties’ Asset Purchase Agreement (the Agreement) that define the “excluded liabilities” that were to remain the seller’s responsibility. Plaintiff contends that the patent infringement suit falls squarely within the defined “excluded liabilities,”…
2Cases cited23 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- World-Wide Rights Limited Partnership v. Combe Incorporated Combe Puerto Rico, Incorporated, a Delaware CorporationCourt of Appeals for the Fourth Circuit · 1992
- Red Ball Motor Freight, Inc. v. Employers Mut. Liability Ins. Co. Of WisconsinCourt of Appeals for the Fifth Circuit · 1951
- Coakley & Williams Construction, Incorporated v. Structural Concrete Equipment, IncorporatedCourt of Appeals for the Fourth Circuit · 1992
- Brazas Sporting Arms, Inc. v. American Empire Surplus Lines InsuranceCourt of Appeals for the First Circuit · 2000
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- HIPSAVER CO., INC. v. JT Posey Co.District Court, D. Massachusetts · 2007
- Central Telephone Co. v. Sprint Communications Co. of Virginia, Inc.District Court, E.D. Virginia · 2011
- Minnesota Lawyers Mutual, Insurance Co. v. Protostorm, LLCDistrict Court, E.D. Virginia · 2016
- Dairy Energy, Inc. v. The Hartford Steam Boiler Inspection and Insurance CompanyDistrict Court, W.D. Virginia · 2021
- James River Petroleum, Inc. v. DicksonUnited States Bankruptcy Court, E.D. Virginia · 2020
4 more not listed; retrieve them via the Exa API.