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Tag Archives: Judge Robert E. Payne

Lack of reliance fatal to class action fraud suit (access required)

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 ...

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Allegedly defamatory statements to public not privileged (access required)

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 ...

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Sovereign immunity findings were based on misrepresentations (access required)

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 ...

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Long-term care class action settlement is fair and adequate (access required)

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 ...

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Class counsel can recover fees up to $24.5 million (access required)

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 ...

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Long-term care insurance settlement rejected (access required)

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. ...

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Remote depositions of plaintiffs in Mexico allowed  (access required)

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. ...

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