A Richmond Circuit Court judge has refused to allow an appeal of a pretrial ruling that barred “class action” status for a lawsuit filed by a college professor who says the state lottery’s scratcher games were unfair.
Virginia law ordinarily does not allow class actions, but Scott Hoover sought to represent other scratcher players through the “Doctrine of Equitable Representation.” No dice, said Judge Walter W. Stout III. Hoover’s case survives only as his individual contract claim against the state.
Hoover asked Stout to allow an interlocutory appeal, but Stout last week refused based on the state’s opposition.
“We are disappointed the trial Court is not going to allow Scott to pursue his immediate appeal,” wrote Hoover’s lawyer, John Fishwick Jr., in a news release. “However, we will continue to prosecute Scott’s breach of contract case as it raises important questions about the integrity of Virginia Lottery scratcher games.”
“The Lottery has already prevailed on the majority of the arguments in the Hoover case,” noted Lottery director Paula Otto in a prepared statement. “The court’s rulings thus far are fully consistent with Virginia law and fair in all respects,” she said.
By Peter Vieth