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Tag Archives: Commercial

Court joins other circuits, relaxes Rule 9(b) standard (access required)

In an issue of first impression, the court joined other circuits in holding that when alleging fraud by omission or concealment, given that critical facts related to such allegations are uniquely within the defendant’s knowledge and control, plaintiffs may partly ...

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Suit filed over unpaid Covid healthcare staffing invoices (access required)

Where two companies alleged a third company failed to pay them for medial staffing services to the states of Idaho and Washington to alleviate hospital staffing and supply shortages caused by COVID-19, they plausibly alleged claims for fraud and conversion. ...

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Parties waived right to seek pre-judgment interest (access required)

Where neither party requested an instruction on prejudgment interest, neither party requested a verdict form asking the jury to determine pre-judgment interest and neither party objected to the court’s final verdict form that omitted any question of pre-judgment interest, both ...

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Construction disputes over Fort Benning project resolved (access required)

Where a general contractor and subcontractor involved in a federal construction project at Fort Benning claimed the other was liable for damages, the court resolved all outstanding issues in a comprehensive opinion following a bench trial. Background This suit concerns ...

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Retailer says exclusive deal was wrongfully terminated (access required)

Where the exclusive dealer for wood-chipping equipment in Virginia alleged it was terminated without a reasonable opportunity to cure the alleged performance deficiencies and for reasons beyond its control, its statutory and breach of contract claims survived the manufacturer’s motion ...

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Reasonable interpretation of Medicaid law forecloses suit (access required)

Where a pharmaceutical company’s interpretation of a complex Medicaid statute was “objectively reasonable,” and there was no authoritative guidance from the government that clarified its interpretation of the statute, the relator failed to show the alleged false statements were “knowingly” ...

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Federal question jurisdiction triggered by energy tariff claim (access required)

Where an electric cooperative brought state law claims against a regional transmission company in an effort to recover certain electric generation costs, but the claims implicated a federal tariff, there was federal question jurisdiction over the suit. Background Following a ...

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Competitors can’t dismiss false advertising claim (access required)

Where two companies that manufacture and sell wood protection products moved to dismiss a third competitor’s suit claiming they engaged in false advertising, their motion was denied because the complaint pleaded that a false representation was made in interstate commerce, ...

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