Legal Opinion

Acken v. Kroger Co.

District Court, W.D. Virginia

Decided November 10, 2014No. Case No. 1:14CV00011PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

JAMES P. JONES, District Judge.

In this diversity action arising under Virginia law, the facts show that a commercial tenant gave proper notice of non-renewal of the lease. Shortly before the lease term ended, the property was damaged by thieves. Following termination, the tenant — mistakenly, it claims — continued to pay monthly rent for a period of time. The landlord and tenant dispute the responsibility for the cost of repair and alleged consequential damages, as well as whether the landlord must repay the rent payments made after the termination of the lease.

For the…

2Cases cited43 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  5. Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc.Supreme Court of Virginia · 1998

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3Cited by4 opinions

  1. American Strategic Insurance Corp. v. CovingtonDistrict Court, E.D. Virginia · 2025
  2. FREEDOM MORTGAGE CORPORATION v. LOANCARE, LLCDistrict Court, D. New Jersey · 2019
  3. JTH Tax LLC v. SerbusDistrict Court, E.D. North Carolina · 2022
  4. Summit Investments II v. Sam's East, Inc.District Court, E.D. Virginia · 2024

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