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Tag Archives: Commercial

Reasonable interpretation of Medicaid law forecloses suit

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” ...

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Federal question jurisdiction triggered by energy tariff claim

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 ...

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Competitors can’t dismiss false advertising claim

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, ...

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Plaintiff seeks payment for providing top-secret personnel

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 ...

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True statements doom slander of title claim

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 ...

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Expert witnesses’ testimony limited in pipeline case

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 ...

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Accreditation policies don’t back § 1981 claim

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 ...

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Privacy Act not violated, disclosure required by FOIA

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 ...

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