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Cooper Building Services, LLC v. The Town of Middleburg, Virginia — 4th Cir. (Oct 28, 2026)

No. 25-2153 Argued October 28, 2026 Published October 30, 2026

The Fourth Circuit hears Cooper Building Services versus the Town of Middleburg, Virginia. Cooper was the general contractor for the town's new town hall. The company sued the town over their construction contract. The federal district court dismissed the complaint without prejudice, and Cooper appealed. This argument concerns whether that dispute may proceed in federal court. Subject-matter jurisdiction is a court's authority to hear a kind of case. A forum-selection clause is a contract term about where the parties agree to litigate. The disputed Virginia procurement provision says a contractor may sue a public body in the appropriate circuit court. The lawyers disagree over its effect in this contract. David Wise will argue for Cooper.

Cooper Building Services, LLC v. The Town of Middleburg, Virginia (No. 25-2153) — U.S. Court of Appeals for the Fourth Circuit, argued October 28, 2026.

Sources
Argument audio — official Fourth Circuit original, October 28, 2026:https://www.ca4.uscourts.gov/OAarchive/mp3/25-2153-20261028.mp3
Official case, date and participating counsel listing:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files
Case-specific contract appeal issue — official argument calendar:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf
Town-hall construction and Cooper as general contractor — original town press release:https://www.middleburgva.gov/DocumentCenter/View/1799/Press-Release---Parking-Changes---Middleburg-Town-Office
District-court suit, dismissal without prejudice and appeal — original docket entries:https://dockets.justia.com/docket/virginia/vaedce/1%3A2025cv00998/576074
Current appellate appearances and appeal record — original docket entries:https://dockets.justia.com/docket/circuit-courts/ca4/25-2153
Virginia public-contract disputes — Va. Code § 2.2-4364(E):https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4364/
Federal diversity jurisdiction — 28 U.S.C. § 1332:https://www.law.cornell.edu/uscode/text/28/1332
Forum-selection clause in an actual construction dispute — Atlantic Marine opinion:https://supreme.justia.com/cases/federal/us/571/49/
Exceptional deferral to parallel state litigation — Colorado River opinion:https://supreme.justia.com/cases/federal/us/424/800/
Separate application of the exceptional-circumstances rule — Moses H. Cone opinion:https://supreme.justia.com/cases/federal/us/460/1/

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