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Tag Archives: Commercial

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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Plaintiff seeks payment for providing top-secret personnel (access required)

Although a contractor used personnel with top-secret clearances provided by the plaintiff to provide services to the government, and there was an expectation of compensation, because the amount of compensation was disputed a jury will decide if the contractor is ...

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True statements doom slander of title claim (access required)

Where property owners’ slander of title claim rested on allegedly false statements, but the statements weren’t false, their claim was dismissed. Background This case involves a commercial, retail and residential common plan development known as Celebrate Virginia South, located in ...

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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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