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Business Law

Software Start-Up Sues ‘Cloud’ Vendor (access required)

In this dispute between a cloud-based computing services company and a software start-up, the Alexandria U.S. District Court says defendant software company may counterclaim against plaintiff for conspiracy, but dismisses its counterclaims for aiding and abetting a breach of fiduciary ...

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No ‘False Claim’ Suit for Hospital Billing (access required)

Relators, a former emergency room administrator and a former billing supervisor for defendant health care providers, allege varying degrees of detail in their allegations regarding billing government payors for services not rendered and drugs not administered, and for “upcoding services,” ...

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Treble Damages Reversed in Paper Towel Case (access required)

In Georgia-Pacific’s suit against defendant manufacturer of a cheaper paper towel for “stuffing” into G-P’s trademarked “enMotion” motion-activated paper towel dispenser, the 4th Circuit reverses the damage award for G-P, saying the trial court applied the wrong legal standards for ...

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Shareholder Shows ‘Scienter’ for Securities Fraud (access required)

The 4th Circuit revives a shareholder’s suit alleging a pharmaceutical company violated federal securities laws by making materially misleading statements and omissions about the development and likely approval of a new drug, Northera; defendants’ failure to disclose critical information about ...

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Surety Has Both Tort, Contract Claims (access required)

Plaintiffs, sureties that issued numerous construction payment and performance bonds and are suing debtor Truland Entities to enforce collateral security and indemnification provisions in their Indemnity Agreements, win dismissal of defendants’ counterclaims, which are essentially restatements of defendants’ affirmative defenses, ...

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