Livia Properties, II, LLC v. Jones Lang LaSalle Americas, Inc.

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 25, 2016
• Docket: 15-1996
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-1996

LIVIA PROPERTIES, II, LLC,

Plaintiff - Appellant,

v.

JONES LANG LASALLE AMERICAS, INC.; COMCAST OF CALIFORNIA/MARYLAND/PENNSYLVANIA/VIRGINIA/WEST VIRGINIA, LLC,

Defendants – Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. David A. Faber, Senior District Judge. (5:14-cv-00053-DAF)

Submitted: March 28, 2016 Decided: April 25, 2016

Before KEENAN, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark D. Obenshain, Justin M. Wolcott, OBENSHAIN LAW GROUP, Harrisonburg, Virginia, for Appellant. William H. Hurd, Stephen C. Piepgrass, TROUTMAN SANDERS LLP, Richmond, Virginia; Harold Johnson, WILLIAMS MULLEN, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Livia Properties, II, LLC, (“Livia”) appeals the district

court’s order dismissing its civil complaint for failure to

state a claim. See Fed. R. Civ. P. 12(b)(6). We agree with the

district court that Livia failed to allege that Jones Lang

LaSalle Americas, Inc., was acting outside the scope of its

agency relationship with Comcast, which deficiency is fatal to

both of Livia’s claims. See Charles E. Brauer Co. v.

NationsBank of Va., N.A., 466 S.E.2d 382, 387 (Va. 1996); Fox v.

Deese, 362 S.E.2d 699, 708 (Va. 1987). Accordingly, we affirm

the district court’s judgment. Livia Props., II, LLC v. Jones

Lang LaSalle Ams., Inc., No. 5:14-cv-00053-DAF (W.D. Va. Aug. 7,

2015). 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