Technology and Supply Management, LLC v. Johnson Controls Building Automation Systems, LLC et al
MEMORANDUM OPINION AND ORDER - Defendants' Motion for Partial Summary Judgment 97 be, and the same hereby is, GRANTED IN PART AND DENIED IN PART. It is GRANTED as to plaintiff's claim for contractual damages based on the costs it incurred for transportation and storage associated with the rejected shelters and plaintiffs tortious interference with contractclaim (Count 4); and it is otherwise DENIED. Signed by District Judge Anthony J Trenga on 1/4/2017. (dvanm, )
the existence of the first and third elements of the tort must meet an objective test; proof of
subjective expectations will not suffice." Commercial Bus. Sys., Inc. v. Halifax Corp., 484
S.E.2d 892, 897 (Va. 1997).
TaSM claims that defendants tortiously interfered with its business expectancy of
additional orders under the Prime Contract for more shelters costing the approximately $11
million that remained under the Prime Contract's ceiling and also for a Combined Aid Station
costing approximately $2.5 million. Although the Army ultimately did not buy either additional
shelters or the Combined Aid Station from anyone, TaSM claims that it did not receive those
work orders from the Army because defendants "committed fraud on TaSM and the Army and
repeatedly made false and disparaging statements about TaSM to the Army."
The current record reflects a concentrated effort on defendants' part to communicate
directly with the Army over the subject matter of the Subcontract, even though its own
contractual relationships pertaining to the shelters were solely with TaSM. Based on the current
record, viewing the evidence and all reasonable inferences in a light most favorable to TaSM, the
Court cannot conclude that as a matter of law that defendants are entitled to judgment on TaSM's
tortious interference with business expectancy claim.
For these reasons, it is hereby
ORDERED that defendants' Motion for Partial Summary Judgment [Doc. No. 97] be,
and the same hereby is, GRANTED IN PART AND DENIED IN PART. It is GRANTED as to
plaintiff's claim for contractual damages based on the costs it incurred for transportation and
storage associated with the rejected shelters and plaintiffs tortious interference with contract
claim (Count 4); and it is otherwise DENIED.
The bench trial will proceed as scheduled on January I 0, 2017. The Clerk is directed to
January 4, 2017
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