Allegations that a health care provider concealed certain “surcharges” until after emergency room services were rendered were insufficient to state a fraud claim because there was no allegation or assertion that the provider knew the plaintiff was acting on the ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Allegations the Richmond Metropolitan Transportation Authority, or RMTA, breached a contract to purchase a toll system, as well as a breach of counterclaim by the RMTA, will both be heard by a jury because of disputed issues over who breached ...

Tagged with: Contract Judge Robert E. Payne U.S. District Court - Eastern District

A school superintendent’s allegedly defamatory statements to the public about a cheating scandal at an elementary school were not protected by the “common interest” privilege. There were no cases holding the qualified privilege can apply between a supervisor and the ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Several of the court’s factual findings in its sovereign immunity ruling, that were relied upon by the Fourth Circuit in finding two of the defendants in a “Rent A Tribe” scheme were entitled to sovereign immunity, were shown to be ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

The settlement of a class action alleging that Genworth made false representations when offering contractual options to its long-term care policyholders and failed to disclose anticipated premium rate increases, was given final approval after a factual finding that it was ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Although the fees for class counsel asserting claims of fraudulent inducement by omission against Genworth Life Insurance total approximately $3 million, counsel will receive a minimum of $2 million, and could receive up to $24.5 million, depending on the relief ...

Tagged with: Contract Judge Robert E. Payne U.S. District Court - Eastern District

Objections to a proposed class action settlement arising out of an alleged failure to disclose material information about long-term care insurance, including that the notice was inadequate, the settlement did not offer concrete benefits and rates might increase, were rejected. ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Although the defendant argued the claims of plaintiffs who are unable to travel to Richmond from Mexico for depositions because of COVID restrictions should be severed, this request was denied. Instead, the defendants can take their depositions via remote means. ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

Where a plaintiff in Mexico failed to appear in person for a deposition in the United States because of COVID restrictions, and his counsel failed to seek a protective order or bring the matter to the attention of the court, ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Where a search warrant related to a drug case specified various items for seizure that could reasonably be expected to be found in a safe, including money, documents, cell phones, firearms and drugs, it was reasonable for officers to search ...

Tagged with: Criminal Judge Robert E. Payne U.S. District Court - Eastern District