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

Where there was “ample evidence” that Charlotte School of Law had limited funds to settle a class action over its compliance with the American Bar Association’s accreditation standards and the settlement was fair, reasonable and adequate, the court did not ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Rossie D. Alston Jr.

Where emails, conversations and deposition testimony, as well as the plaintiffs’ expert, suggested collusion among the defendants in the peanut selling industry resulted in approximately 12,000 farmers being underpaid, a class was certified. Background Plaintiffs are a group of peanut ...

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

Where a party to a teaming agreement alleged the other party breached a contractual obligation to provide resumes and certifications by submitting false and forged certifications and resumes, the fraud claim was dismissed because the source of the obligation was ...

Tagged with: Commercial Judge T.S. Ellis III U.S. District Court - Eastern District