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

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 ...

Tagged with: Commercial Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

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 ...

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

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