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Tag Archives: Commercial

Expert witnesses’ testimony limited in pipeline case (access required)

Where one expert in a condemnation damages case related to the Mountain Valley Pipeline relied on insufficient and unreliable data, another made unreasonable assumptions and the remaining two did not identify the facts and data upon which their opinions were ...

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Accreditation policies don’t back § 1981 claim (access required)

Where a pharmacy school alleged the withdrawal of its accreditation was racially motivated, its § 1981 claim was dismissed because the accrediting body’s policies, procedures and standards could be amended unilaterally, and thus did not constitute a contract. Background This ...

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Antitrust pharmaceutical class decertified (access required)

Where a class of pharmaceutical buyers claimed two manufacturers allegedly reached an anticompetitive settlement in a patent dispute, the district court erred in focusing on whether denial of certification would result in “multiple individual trials” when it certified a class. ...

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Privacy Act not violated, disclosure required by FOIA (access required)

Where a government employee alleged the Department of Homeland Security and Department of Justice violated the Privacy Act by disclosing the results of an internal investigation into his conduct, but the disclosure was made in a Freedom of Information Act ...

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$45M settlement in alleged price fixing suit approved (access required)

Where a $45 million settlement between runner peanut farmers and one sheller satisfied the requirements of Rule 23, it was approved. Background Plaintiffs are a group of peanut farmers who sell raw, harvested runner peanuts to the defendants (also known ...

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Federal interest rate applies to condemnation award (access required)

Where the federal court applies federal substantive law in condemnation cases, and the court previously ruled that the federal interest rate would apply to an award in a condemnation case involving the Mountain Valley Pipeline, the landowners’ claim for interest ...

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Miller Act doesn’t cover project manager’s clerical duties (access required)

The project manager’s Miller Act claim failed because any minor physical work he performed was incidental to his contractual duty to supervise, which is a clerical function that falls outside the Miller Act. Background Plaintiff worked as a project manager ...

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