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

Two peanut processors sued for depressing the price for runner peanuts will pay over $57.75 million to resolve claims brought by a class of peanut farmers after the court found the class-action settlement was adequate, conducted at arms-length and equitable. ...

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

Where there were disputed issues of material fact over whether the highest and best use of a tract of land in Roanoke County was single-family residential, the motion of a company constructing a natural gas pipeline was denied. The court ...

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

Where reference to comparable sales was wrong or speculative, possible pipeline hazards are not inherent in an easement and the substance of other appraisals was inadmissible hearsay, the landowners’ expert was barred from testifying on these topics in a condemnation ...

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

Where one party to a partnership agreement retained an appraiser to value the partnership over the other partner’s objection, and then purportedly exercised its option to purchase the other partner’s interest based upon that valuation, a jury will decide if ...

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

Where an owner’s decades of familiarity with his property enabled him to form an opinion of its value based on comparable property sales, his intended testimony regarding a technical valuation by an undisclosed expert and about which he lacked knowledge ...

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

Where the owner of a blood testing laboratory and two lead salespersons were repeatedly warned that paying commissions to independent contractors might violate an anti-kickback statute, but they went ahead and paid physicians for drawing patients’ blood and processing the ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Diana Gribbon Motz