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Virginia statute of limitations holds in Evansville radio purchase

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Nearly identical provisions in business agreements meant a media owner had to file his complaint against another communications company by the statute of limitations deadline in Virginia, not in Indiana.

In 2000 and 2002, Alan Brill, owner of radio stations and newspaper in medium markets including Evansville, signed confidentiality agreements with Regent Communications Inc. as part of the negotiations to sell his radio stations. Both contracts contain nearly identical choice of law language that the provisions will be interpreted under the laws of the Commonwealth of Virginia.

Brill and Regent disputed the scope of the choice of law language when negotiations fell apart.

In August 2008, Brill filed a complaint against Regent and other defendants for breach of contract, fraud and additional acts of malfeasance. A month later, he filed an amended complaint. In January 2009, he filed a second amended complaint naming Regent as the sole defendant.

Regent responded in August 2010 by filing an Indiana Trial Rule 12(B)(6) motion to dismiss Brill’s second amended complaint. The company claimed Brill had filed after the Virginia five-year statute of limitations had expired.

The trial court denied the motion and Regent appealed.

Before the Indiana Court of Appeals, Brill argued the choice of law provision applied only to substantive law and that Indiana law applied to procedural issues. Therefore, he filed his second amended complaint well within the Indiana six-year statute of limitations.

Regents countered that Virginia law applied in both substantive and procedural matters.

The Court of Appeals agreed with Regent and reversed the denial of the motion to dismiss in Alan R. Brill, Business Management Consultants, LP f/k/a/ Brill Media Company, LP, and the Non-Debtor Companies v. Regent Communications, Inc., n/k/a Townsquare Media, Inc., 82A01-1304-PL-174.

Pointing to OrbusNeich Med. Co. v. Boston Scientific Corp., 694 F. Supp. 2d 106 (D. Mass. 2010), the COA found the additional phrase in the Brill-Regent agreements indicated the parties’ intent that Virginia law governs both substantive and procedural issues.

 
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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