Where the government’s complaint identified the mental health provider’s fraudulent conduct, claimed the provider acted with deliberate ignorance or reckless disregard of that conduct, plausibly alleged the government would not have paid the false invoices and provided examples of false ...

Tagged with: Commercial Judge M. Hannah Lauck U.S. District Court - Eastern District

Although seven months elapsed before the plaintiff moved to amend its complaint to attempt to pierce the corporate veil, it was reasonable to use discovery to identify a factual basis for the claim. The amended complaint was allowed. Background Jared ...

Tagged with: Commercial Judge Joel Hoppe U.S. District Court - Western District

Where a party’s actions would not have misled the average businessperson, summary judgment was granted on a claim under the Unfair and Deceptive Trade Practices Act, or UDTPA. Background Benchmark Electronics Inc. and Benchmark Electronics de Mexico S. de R.L. ...

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

Where a direct action brought by the company was resolved in a broad release, and there was no evidence of collusion or bad faith, a derivative action asserting identical or similar claims arising out of the same underlying facts was ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge G. Steven Agee

Where a group of peanut farmers alleged that processors had a motive to depress the price of Runner peanuts, providing facts connecting issued price offers to the Runner peanut market and alleging efforts to coordinate price offers and conceal actual ...

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

Two people who intentionally squatted in trees in order to protest the construction of a pipeline were held in contempt, fined and ordered to pay all of the pipeline’s attorneys’ fees and expenses incurred in obtaining the contempt order. Background ...

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

Nature Conservancy, the holder of a conservation easement on property that has been taken as part of a permanent easement for construction of a natural gas pipeline, will receive the majority of the payout, based on its majority ownership of ...

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

A surety that paid out more than $3.7 million in claims failed in its attempt to sue the principal’s bank because its claims were time-barred, a negligence claim failed as a matter of law, there was no confidential relationship as ...

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

A company constructing a 600-mile natural gas pipeline was awarded an easement after the property owner failed to respond to the complaint in condemnation. The defaulting party was awarded $602.17 in compensation based on the condemnor’s expert opinion. Background This ...

Tagged with: Commercial Judge Norman K. Moon U.S. District Court - Western District

The landowners’ bid to delay a trial over compensation for a natural gas pipeline easement failed, as did their untimely effort to supplement discovery. Moreover, because the landowners failed to provide admissible evidence that the amount of just compensation exceeds ...

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