Seeger Faughnan Mendicino PC http://www.sfmlawfirm.com Thu, 26 Apr 2012 13:12:26 +0000 en hourly 1 http://wordpress.org/?v=3.1 SFM Secures Dimissal of Noncompetition Case http://www.sfmlawfirm.com/2012/03/23/sfm-secures-dimissal-of-noncompetition-case/ http://www.sfmlawfirm.com/2012/03/23/sfm-secures-dimissal-of-noncompetition-case/#comments Fri, 23 Mar 2012 14:19:21 +0000 admin http://www.sfmlawfirm.com/?p=1549 Recently, the Loudoun County Circuit Court in Leesburg, Virginia ruled that a noncompetition agreement is unenforceable when the franchisor can’t demonstrate how its broad protections are necessary.

In United Marketing Solutions Inc. v. Edward Goldberg, et al., a direct mail coupon marketing company sued its former franchisee, the Goldbergs, for $600,000 in lost profits for [...]]]> http://www.sfmlawfirm.com/2012/03/23/sfm-secures-dimissal-of-noncompetition-case/feed/ 0 The Surety’s Right to Require Suit Against the Principal http://www.sfmlawfirm.com/2009/11/09/the-surety%e2%80%99s-right-to-require-suit-against-the-principal/ http://www.sfmlawfirm.com/2009/11/09/the-surety%e2%80%99s-right-to-require-suit-against-the-principal/#comments Mon, 09 Nov 2009 03:53:44 +0000 Mendicino http://66.147.244.197/~sfmlawfi/?p=713

In most jurisdictions, a payment bond claimant has no obligation to sue both the principal and the surety in pursuing a payment bond claim. State and federal courts have long recognized this rule and have permitted payment bond claimants to sue the surety alone. This principle is considered to be consistent with the purpose of the Miller Act and various Little Miller Acts, which is to provide a means of protecting subcontractors and suppliers that provide labor and materials to public projects, given that these entities are unable to secure mechanic’s liens on such projects.
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