BMK Solutions, LLC v. Biostat, LLC

BMK Solutions, LLC v. Biostat, LLC

Plaintiff:	BMK Solutions, LLC
Defendant:	Biostat, LLC
Case Number:	2:2015cv00150
Filed:	April 9, 2015
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Virginia Beach City
Presiding Judge:	Robert G. Doumar
Presiding Judge:	Lawrence R. Leonard
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 3, 2016	Filing 36 ORDER: The Court FINDS that BioStat breached the contract for sale by nondelivery of goods. As the buyer did not breach by anticipatory repudiation or failure to provide adequate assurance, BMK as the buyer was the aggrieved party for BioStat as th e seller's failure to deliver the goods. The breach occurred when BMK sent its demand letter to BMK on June 27, 2014. The Court AWARDS to BMK for BioStat's breach of contract recovery of the price paid in the amount of $201,080.00 un der Va. Code § 8.2- 711 with interest at six percent per annum from June 27, 2014. Va. Code § 6.2-302. Having found a contract governing the actions of the parties and breach of the contract by BioStat, this Court consequently DISMISSES BMK's alternative claims to unjust enrichment and tortious conversion. Signed by District Judge Robert G. Doumar and filed on 6/3/16. (tbro)

Date Filed

Document Text

June 3, 2016

Filing 36 ORDER: The Court FINDS that BioStat breached the contract for sale by nondelivery of goods. As the buyer did not breach by anticipatory repudiation or failure to provide adequate assurance, BMK as the buyer was the aggrieved party for BioStat as th e seller's failure to deliver the goods. The breach occurred when BMK sent its demand letter to BMK on June 27, 2014. The Court AWARDS to BMK for BioStat's breach of contract recovery of the price paid in the amount of $201,080.00 un der Va. Code § 8.2- 711 with interest at six percent per annum from June 27, 2014. Va. Code § 6.2-302. Having found a contract governing the actions of the parties and breach of the contract by BioStat, this Court consequently DISMISSES BMK's alternative claims to unjust enrichment and tortious conversion. Signed by District Judge Robert G. Doumar and filed on 6/3/16. (tbro)

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Plaintiff: BMK Solutions, LLC
Represented By:	Robert William McFarland
Represented By:	William Rueger Poynter
Represented By:	Brian Andrew Wainger
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Defendant: Biostat, LLC
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