This summer, attorney Lisa Michelle Kömives of BoltNagi briefed and argued a winning appeal on behalf of Defendants, Virgin Island Sailing School and its founder, H. Scott Dempster, where the federal Third Circuit Court of Appeal upheld the District Court of the Virgin Islands’ (“District Court”) dismissal of trade dress infringement and unjust enrichment claims
Dram Shop Liability: A Growing Concern for Hotels, Restaurants
Along with all states, the U.S. Virgin Islands has a “dram shop law,” which is designed to enforce the public liability of establishments that sell and serve alcoholic beverages. In recent years, the potential for liability has had local hotels, restaurants and bars concerned about the likelihood of being targeted with a lawsuit if a
Understanding Copyright, Trademark and Other Intellectual Property Issues in the U.S. Virgin Islands
It’s easy to confuse copyrights, trademarks, service marks, patents and other intellectual property protections, but they all serve quite different purposes. To effectively safeguard your work and the intellectual property that keeps your business ahead of the competition, it’s important to know the differences between these protections and which one is appropriate for your needs.
The Benefits of Using Mediation to Resolve Business Disputes
If you own or operate a business, it’s possible that you will find yourself in disputes from time to time. These conflicts can quickly become very heated, but mediation is often an effective alternative to engaging in expensive and time-consuming litigation.
Business disputes may be related to nonbinding verbal agreements, breach of contract and employment
Recent Case Illustrates When a Bench Trial May Be Requested
In some cases that would otherwise go before a jury, legal counsel instead recommends requesting a bench trial, in which the judge makes the final ruling. This typically occurs when either the plaintiffs or defendants do not believe they will otherwise receive a fair trial. To make this request, they must officially waive their right
V.I. Superior Court Ruling Reflects Difficulty of Filing Motion for Contempt
In a recent ruling, the Superior Court of the U.S. Virgin Islands ruled against a motion filed by the plaintiffs claiming that a local government agency was guilty of contempt of court.
The case, Wilma Marsh Monsanto v. St. Thomas-St. John Board of Elections, involved several local candidates for elected positions, who originally sued
Superior Court Approves Summary Judgment in Wrongful Death Case
Wrongful death claims are inherently complex for both sides, and in many situations it takes a jury trial to determine fault and if an employer or insurance company needs to provide compensation to the victim’s family. However, in some situations, the facts of the case are fairly clear-cut, allowing for what’s called a “summary judgment.”
Superior Court Rules in Favor of Defendant to Enforce Settlement Agreement
When plaintiffs in auto accident cases approve an offer for damages from defendants or their insurance companies, they will likely be obligated to accept the terms, even if new information arises. On January 15, the Superior Court of the Virgin Islands issued an opinion stating that the plaintiff in a recent lawsuit cannot challenge a settlement originally agreed upon with the auto insurance provider GEICO. Continue Reading Superior Court Rules in Favor of Defendant to Enforce Settlement Agreement
Leave to Amend a Complaint not Guaranteed by the Bill of Rights
A judge may allow a party leave to amend a pleading, in some cases to add facts or to clarify an issue. The United States Court of Appeals for the Third Circuit recently heard a case where a plaintiff was given a chance to amend his complaint, but not a second.Continue Reading Leave to Amend a Complaint not Guaranteed by the Bill of Rights
Expert Must Meet Daubert Sandards to be Permitted to Testify
Sania Mahmood was driving on the New Jersey Turnpike in June 2007 when a tractor-trailer moved into her lane and collided with her vehicle, causing her to crash into the center median of the highway.Continue Reading Expert Must Meet Daubert Sandards to be Permitted to Testify