Podcasts Government Oral Arguments of the Supreme Court of Virginia September 2019 - Faneuil Inc v 3M Company

September 2019 - Faneuil Inc v 3M Company

Published: Sept. 29, 2019, 8 p.m.

This podcast is provided by Ben Glass and Steve Emmert

 

www.BenGlassReferrals.com - www.Virginia-Appeals.com

 

Granted Appeal Summary

 

Case

 

FANEUIL, INC. v. 3M COMPANY (Record Number 181202)

 

From 

 

The Circuit Court of the City of Richmond; T. Markow, Judge.

 

Counsel

 

Joseph R. Pope. Brendan D. O’Toole, Jonathan T. Lucier, and Joseph E. Blackburn (Williams Mullen) for appellant.

 

Sybil L. Dunlop, Jenny Gassman-Pines, Anna M. Tobin (Greene Espel PLLP), and Carl R. Schwertz (Miles & Stockbridge) for appellee.

 

Assignments of Error

 

  1. The trial court erred by not awarding Faneuil damages for the Annual Base Fixed Operating Costs and Reimbursable Expenses because the court found as a matter of fact that 3M committed the first material breach and failed to follow the procedures under the Tolling Subcontract necessary for any adjustment of the Annual Base Fixed Operating Costs.

 

  1. The trial court erred by misapprehending that Faneuil’s damages claim was not entirely for recovery of payments for Special Services and therefore not subject to the scope change provision found in the Contract.

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181202.pdf