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May 10, 2017

No Contract to Complete Stock Sale

An investment company could not sue Freddie Mac and the Federal Housing Finance Agency for breach of contract for refusing to complete a 2008 proposed deal to buy Freddie Mac’s $3 billion portfolio of Low Income Housing Tax Credits for $3.4 billion, after the U.S. Treasury Department refused to approve the sale; the 4th Circuit […]

May 3, 2017

Data Center Loses Fraud Suit Against Seller

Although a data center purchased by plaintiff lost its largest client, Amazon, 13 months after the sale, plaintiff’s suit against defendant seller alleging multiple counts of fraud and breach of contract fails after a three-week trial in Fairfax Circuit Court. Plaintiff Lynnwood Tech Holdings LLC is wholly owned and managed by ByteGrid Holdings LLC. Plaintiff […]

May 3, 2017

Whistleblowers Get Bigger Cut of VFATA Win

In this whistleblower case under the Virginia Fraud Against Taxpayers Act, in which the commonwealth chose not to intervene, the Relators’ share of the $1.25 settlement for defendants’ fraudulent conduct is 28 percent of the entire proceeds, not the net proceeds after reimbursement of the federal government; the Fairfax Circuit Court grants the qui tam […]

May 3, 2017

Appeal Bond Ordered in TV Signal Piracy Case

In this litigation arising out of the unauthorized distribution of DIRECTV satellite programming to viewers at Massanutten Resort that resulted in a $2.3 million judgment against defendants Randy Coley and East Coast Cablevision LLC, a Harrisonburg U.S. District Court grants DIRECTV’s motion for a $75,000 appeal bond under Fed. R. App. P. 7, to include […]

May 3, 2017

Dentist’s Antitrust Claims Against DMAS Dismissed

Plaintiff dentist who, under a contract with defendant Virginia Department of Medical Assistance Services, allegedly was treating 75 percent of eligible Medicaid patients in the Roanoke Valley, has not stated any antitrust claims against DMAS or additional dentists for dental practice groups in the wake of DMAS’ termination of plaintiff’s contract in favor of other […]

May 3, 2017

Contractor Could Not Bypass Claim Exhaustion

A contractor that missed a deadline in constructing a wastewater treatment system could not proceed directly to federal court when the city began assessing liquidated damages for the missed deadline, but was obliged to exhaust agency administrative procedures; the 4th Circuit upholds the district court’s dismissal for lack of subject matter jurisdiction. Appellant Balfour Beatty […]

May 3, 2017

Exec’s Family Wins $23M for Investment Fraud

A divided 4th Circuit panel upholds a jury award of $23 million against an investment company that breached an agreement to lend money for the acquisition, maintenance, and certain investments relating to life insurance policies obtained for an executive and his wife. Investment trusts In this appeal, we consider breach of contract claims brought by Fleur […]

Apr 25, 2017

No Jury for FCA Successor Liability Claim

In this ongoing False Claims Act litigation over a bid-rigging scheme conjured up by shipping businesses to defraud the U.S. on contracts for moving military personnel around the globe, the Alexandria U.S. District Court strikes the relator’s jury demand with respect to his claim for successor liability against GovLog, and the case will be tried […]

Apr 25, 2017

No FCA Claims Against Individual Contractor Execs

Plaintiff, a former deputy program manager and chief of security in Kabul, Afghanistan for defendant government contractor, cannot sue individual employees of defendant corporation for retaliation under the False Claims Act; the FCA, both before and after the 2009 amendment, does not permit a plaintiff to sue individual employees of the corporate employee for retaliation. […]

Apr 25, 2017

Company Owner Can Sue for Fraudulent Inducement

Plaintiff small business, founded by a former service technician for defendant Pitney Bowes Inc., can sue PBI for fraudulent inducement regarding a dealer agreement the parties had for plaintiff to service PBI products, that defendant allegedly used to damage plaintiff’s business; however, the Alexandria U.S. District Court dismisses plaintiff’s claim under the Connecticut Unfair Trade [&helli[...]

Mar 29, 2017

Buyer Alleging Fraud Can Try Damages Claim

A plaintiff who sued for fraud alleging he discovered after purchasing two franchise restaurants that the sellers had provided inflated monthly sales figures that included an owner allegedly ringing up phony sales can take his case to a jury; the 4th Circuit said the buyer’s use  of the capitalization rate to calculate damages is “wholly […]

Mar 29, 2017

First-to-File Rule No Bar to FCA Claim

A former physical therapy assistant can pursue his False Claims Act claim that he was fired in retaliation for complaining about overbilling at a care facility, even though the district court correctly dismissed his other FCA claims as barred by the first-to-file rule; because the district court failed to state any authority for dismissing plaintiff’s […]

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