Filed: May 11, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2074 BEST MEDICAL INTERNATIONAL, INC., a Virginia Corporation; BEST VASCULAR, INC., a Delaware Corporation, Plaintiffs - Appellants, v. ECKERT & ZIEGLER NUCLITEC GMBH, a German corporation, successor to QSA Global GmbH, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:10-cv-00617-CMH-IDD) Submitted: April 30, 2
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2074 BEST MEDICAL INTERNATIONAL, INC., a Virginia Corporation; BEST VASCULAR, INC., a Delaware Corporation, Plaintiffs - Appellants, v. ECKERT & ZIEGLER NUCLITEC GMBH, a German corporation, successor to QSA Global GmbH, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:10-cv-00617-CMH-IDD) Submitted: April 30, 20..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2074
BEST MEDICAL INTERNATIONAL, INC., a Virginia Corporation;
BEST VASCULAR, INC., a Delaware Corporation,
Plaintiffs - Appellants,
v.
ECKERT & ZIEGLER NUCLITEC GMBH, a German corporation,
successor to QSA Global GmbH,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:10-cv-00617-CMH-IDD)
Submitted: April 30, 2015 Decided: May 11, 2015
Before NIEMEYER, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James M. Brady, Shawn R. Weingast, BEST MEDICAL INTERNATIONAL,
INC., Springfield, Virginia, for Appellants. C. Dewayne Lonas,
Matthew J. Hundley, MORAN REEVES & CONN PC, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Best Medical International, Inc. (“Best”) appeals the
district court’s order granting Eckert & Ziegler Nuclitec GMBH’s
(“EZN”) second motion for supplemental attorney’s fees, and a
subsequent order denying Best’s Fed. R. Civ. P. 59(e) motion.
We have previously discussed the factual background and
procedural history of this breach of contract case in our
opinions in Best Med. Int’l, Inc. v. Eckert & Ziegler Nuclitec
GMBH, 505 F. App’x 281 (4th Cir. 2013) (No. 11-2089 (L)) and
Best Med. Int’l, Inc. v. Eckert & Ziegler Nuclitec GMBH, 565 F.
App’x 232 (4th Cir. 2014) (No. 13-1708).
In this third appeal, Best argues that the district court
erred in awarding EZN supplemental attorney’s fees.
Specifically, Best contends that the merger doctrine under
Virginia law precluded the additional award of attorney’s fees
and that the award of attorney’s fees was not authorized by the
Settlement Agreement. We have reviewed the parties’ briefs, the
material submitted in the joint appendix, and the relevant case
law, and find no reversible error in the district court’ award
of supplemental attorney’s fees. * Accordingly, we affirm for the
reasons stated by the district court. Best Med. Int’l, Inc. v.
*
On appeal, Best does not challenge the reasonableness of
the award.
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Eckert & Ziegler Nuclitec GMBH, No. 1:10-cv-00617-CMH-IDD (E.D.
Va. filed July 24, 2014 & entered July 25, 2014; Sept. 5, 2014).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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