Brewer Firm Announces that Virginia Supreme Court Sides with NRA in High-Stakes Contract Dispute, Rejects Expansion of State Contract Law

May 30, 2025 – New York, New York… In a widely watched contract clash, the Supreme Court of Virginia has delivered a decisive victory for the National Rifle Association of America (NRA) in its dispute with Under Wild Skies, Inc. (UWS).

UWS was the producer of the hunting show Under Wild Skies, which the NRA sponsored for over two decades. The dispute arose after UWS claimed NRA repudiated the contracts and sued for over $20 million. The ruling cements the NRA’s trial win over UWS and affirms longstanding principles of contractual interpretation in the Commonwealth.

The case centered around a failed television sponsorship relationship between the NRA and UWS, which for 26 years produced a hunting-focused show under the same name.

UWS alleged that the NRA’s 2019 request for business information about the success of the show – amidst an internal compliance review (and its subsequent delay in making a scheduled payment) – constituted an anticipatory breach of their agreement. UWS attempted to bolster its case by urging the trial court to instruct the jury on the “doctrine of adequate assurance,” which allows a party to demand confirmation of performance if they suspect the other side might default.

In a decision dated May 29, 2025, the trial court rejected the instruction, the Court of Appeals upheld that decision, and the Supreme Court now affirmed it – definitively stating that the doctrine of adequate assurance is not recognized under Virginia common law. The high court emphasized that the doctrine – originally rooted in the Uniform Commercial Code and later extended in the Restatement (Second) of Contracts – represents a “modern innovation” not adopted by Virginia courts or legislators for general contract disputes.

Writing for the Court, Justice Cleo E. Powell declared that any expansion of Virginia’s contract doctrine is a matter for the legislature not the judiciary. “The decision to adopt a new doctrine applicable to all contractual disputes is a policy decision that is more appropriately left to the legislature,” she wrote.

The ruling has broader implications beyond this case, reaffirming that Virginia courts will not judicially adopt evolving doctrines from other jurisdictions without express legislative direction. It also protects entities like the NRA from facing new legal standards retroactively applied in civil litigation.

“We are pleased the Court affirmed the outcome below,” says William A. Brewer III, partner at the Brewer firm, which represented the NRA in this matter and others through fall 2024.

Last year, the NRA prevailed at trial in a “dissolution lawsuit” brought by the New York Attorney General, and secured a unanimous, 9-0 decision before the U.S. Supreme Court in one of the most closely watched First Amendment cases in the country.

The Court’s refusal to expand the law ensures that contractual obligations in Virginia will continue to be interpreted under traditional principles of clear repudiation and actual breach.

Joining Brewer in representing the NRA were firm partner William A. Brewer IV and Robert H. Cox of Whiteford, Taylor & Preston LLP in Virginia.