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Lottery lawsuit still pending

The judge may have squashed the ambitious plan to turn one man’s state lottery lawsuit into a class action, but a claim of unfair scratcher games remains pending in Richmond Circuit Court, reports the plaintiff’s lawyer.

John Fishwick said discovery is underway on the contract claim that remains in his client’s suit against the Virginia Lottery.

Washington and Lee associate professor Scott Hoover alleges the lottery sold scratcher tickets offering a chance at a grand prize even though the prize already had been won.  Circuit Judge Walter Stout ruled Hoover could not act as a “virtual representative” for other players and, in April, denied Hoover’s request for an interlocutory appeal on that issue.

By Peter Vieth

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