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 ...

Tagged with: Commercial Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

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

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. ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Henry F. Floyd

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 ...

Tagged with: Commercial Judge Leonie M. Brinkema U.S. District Court - Eastern District

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 ...

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

Where the Town of Culpepper could end its lease with a movie chain if theater operations ceased for 120 days, its termination was not improper when the theater was closed because of COVID. Although the chain argued it was conducting ...

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

Where the record showed that Aetna exercised discretionary authority or control over the management of a plan so as to potentially make it a fiduciary, and evidence suggested Aetna breached its fiduciary duties by not disclosing fees, a policyholder’s surcharge, ...

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

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 ...

Tagged with: Commercial Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Commercial Judge Claude M. Hilton U.S. District Court - Eastern District

Where a department store was in possession and control of the leased premises when torrential rains resulted in a collapsed roof, an injured employee and considerable damage to inventory, its attempt to recover costs failed because the landlord had no ...

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