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No “class action” for lottery lawsuit

Scott Hoover apparently will have to go it alone in his quest for reimbursement from the Virginia Lottery.

Hoover is the Washington & Lee University professor who challenged the state lottery system on its advertised odds for certain scratch-off games.  He claimed that he had no chance of winning the grand prize advertised on his lottery ticket.

Hoover’s lawsuit in Richmond Circuit Court demanded an $83-million state fund with a claims procedure to reimburse him and all similar scratcher buyers.  Yesterday, however, Judge Walter W. Stout III ruled that Hoover could not proceed as a representative plaintiff on behalf of other purchasers, according to a statement from Hoover’s attorney.

The attorney, John P. Fishwick Jr. of Roanoke, said Stout ruled that the case can go forward on Hoover’s individual breach of contract claim against the Lottery.

Virginia law does not provide for class actions.   In his lawsuit, Hoover sought to serve as a “virtual representative for similarly situated Virginia citizens.”