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Tag Archives: Judge Robert E. Payne

Counsel’s ‘slothful inattention’ dooms requests for more time (access required)

Where one motion to dismiss was granted after the plaintiff offered no opposition, he did not respond to a second motion to dismiss and failed to timely serve additional defendants, his counsel’s “slothful inattention” led the court to deny further ...

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Jurisdictional discovery objections overruled (access required)

Each of the defendant’s objections to jurisdictional discovery was rejected, including its patently improper general objections, overbreadth arguments that were inadequately supported, assertions the court erred in allowing the discovery in the first place and claims of privilege without a ...

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Settlements in ‘rent-a-tribe’ class action lawsuits approved (access required)

After protracted payday lending litigation with uncertain outcomes and extended settlement negotiations, the settlements were found to be fair and adequate and the attorneys’ fees award of $2,871,000 was approved. However, an award of $5,000 to each plaintiff was refused; ...

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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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