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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Roger L. Gregory

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. ...

Tagged with: Commercial Judge David J. Novak U.S. District Court - Eastern District

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 ...

Tagged with: Commercial Judge Thomas T. Cullen U.S. District Court - Western District

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 ...

Tagged with: Commercial Judge Rebecca Beach Smith U.S. District Court - Eastern District

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 ...

Tagged with: Commercial Judge Norman K. Moon U.S. District Court - Western District

Where a subcontractor that was not paid for its services asserted a maritime lien on vessels owned by the United States, its complaint was dismissed. The majority of courts, including district courts in the Fourth Circuit, have held that the ...

Tagged with: Commercial Judge Roderick C. Young U.S. District Court - Eastern District

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” ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge J. Harvie Wilkinson III

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Robert B. King

Where an internet security company moved to dismiss a complaint, filed an answer, moved to stay the action, appeared at a hearing, participated in a settlement conference and engaged in discovery before it moved to enforce a forum-selection clause, the ...

Tagged with: Commercial Judge John A. Gibney Jr. U.S. District Court - Eastern District

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, ...

Tagged with: Commercial Judge John A. Gibney Jr. U.S. District Court - Eastern District