Although two defendants in an alleged price fixing suit involving interior molded doors asked the court to reconsider its decision to not seal historic pricing information, it refused to do so. The public has a presumptive right of access to ...

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

Commercial Conditions requested by the City of Greensboro in connection with a proposed loan to a minority-owned television network were not unreasonable or overly burdensome. Moreover, the network did not present additional evidence establishing “a causal nexus” between any harm ...

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

A whistleblower who alleges two hospitals where he worked submitted fraudulent reports to Medicare failed to plead facts showing the hospitals submitted the reports with the required scienter, and failed to plausibly connect his employer’s knowledge of his qui tam ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial

Where there was “ample evidence” that Charlotte School of Law had limited funds to settle a class action over its compliance with the American Bar Association’s accreditation standards and the settlement was fair, reasonable and adequate, the court did not ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Rossie D. Alston Jr.

Where emails, conversations and deposition testimony, as well as the plaintiffs’ expert, suggested collusion among the defendants in the peanut selling industry resulted in approximately 12,000 farmers being underpaid, a class was certified. Background Plaintiffs are a group of peanut ...

Tagged with: Commercial Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a party to a teaming agreement alleged the other party breached a contractual obligation to provide resumes and certifications by submitting false and forged certifications and resumes, the fraud claim was dismissed because the source of the obligation was ...

Tagged with: Commercial Judge T.S. Ellis III U.S. District Court - Eastern District

Where the government’s complaint identified the mental health provider’s fraudulent conduct, claimed the provider acted with deliberate ignorance or reckless disregard of that conduct, plausibly alleged the government would not have paid the false invoices and provided examples of false ...

Tagged with: Commercial Judge M. Hannah Lauck U.S. District Court - Eastern District

Although seven months elapsed before the plaintiff moved to amend its complaint to attempt to pierce the corporate veil, it was reasonable to use discovery to identify a factual basis for the claim. The amended complaint was allowed. Background Jared ...

Tagged with: Commercial Judge Joel Hoppe U.S. District Court - Western District

Where a party’s actions would not have misled the average businessperson, summary judgment was granted on a claim under the Unfair and Deceptive Trade Practices Act, or UDTPA. Background Benchmark Electronics Inc. and Benchmark Electronics de Mexico S. de R.L. ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial

Where a direct action brought by the company was resolved in a broad release, and there was no evidence of collusion or bad faith, a derivative action asserting identical or similar claims arising out of the same underlying facts was ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge G. Steven Agee