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

After a jury determined the merger of two manufacturers in the American doorskin market violated the Clayton Antitrust Act, the remedy included unwinding the merger and ordering the sale of the acquired company.  Background JELD-WEN Inc. acquired a competitor, CMI, ...

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

Because the Virginia legislature has conferred broad authority on local governing bodies to engage in anticompetitive conduct in the EMS vehicle services market, antitrust claims against the City of Richmond, stemming from its denial of an ambulance company’s permit to ...

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

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