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Commercial – Reasonable interpretation of Medicaid law forecloses False Claims suit
Where a pharmaceutical company’s interpretation of a complex Medicaid statute was “objectively reasonable,” and there was no authoritative guidance from the government that clarified its interpretation of the statute, the relator failed to show the alleged false statements were “knowingly” made. Background Troy Sheldon filed a False Claims Act qui tam suit against his employer, […[...]
Commercial – Federal question jurisdiction triggered by energy tariff claim
Where an electric cooperative brought state law claims against a regional transmission company in an effort to recover certain electric generation costs, but the claims implicated a federal tariff, there was federal question jurisdiction over the suit. Background Following a severe cold weather outbreak in January 2014, Old Dominion Electric Cooperative unsuccessfully sought to recover […]
Commercial – Antitrust pharmaceutical class decertified
Where a class of pharmaceutical buyers claimed two manufacturers allegedly reached an anticompetitive settlement in a patent dispute, the district court erred in focusing on whether denial of certification would result in “multiple individual trials” when it certified a class. The correct analysis is whether the class is so numerous that joinder of all members […]
Commercial – ERISA claims against Aetna revived
Where the record showed that Aetna exercised discretionary authority or control over the management of a plan so as to potentially make it a fiduciary, and evidence suggested Aetna breached its fiduciary duties by not disclosing fees, a policyholder’s surcharge, disgorgement, declaratory and injunctive relief claims were revived. Background In June 2015, Sandra Peters filed […]
Commercial – Lab owner liable for $111M judgment
Where the owner of a blood testing laboratory and two lead salespersons were repeatedly warned that paying commissions to independent contractors might violate an anti-kickback statute, but they went ahead and paid physicians for drawing patients’ blood and processing the samples, an $111 million False Claims Act judgment was affirmed. Background The government presented evidence […]
Commercial – State-sanctioned anticompetitive conduct not actionable
Because the Virginia legislature has conferred broad authority on local governing bodies to engage in anticompetitive conduct in the EMS vehicle services market, antitrust claims against the City of Richmond, stemming from its denial of an ambulance company’s permit to operate EMS vehicles, were dismissed. Background For almost 30 years, the Richmond Ambulance Authority, or […]
Commercial – Franchisee failed to timely present evidence of alleged damage
Where a franchisee failed to show he exercised reasonable due diligence during the three years of litigation to discover and present evidence of unpaid rent, the district court erred by awarding it damages raised for the first time on a 59(e) motion. Background Gregory Aime was a successful franchise operator of several tax preparation businesses […]
Commercial – Settlement of direct action renders derivative action moot
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 moot. Background After the Boards of Directors responsible for the management of Oldfield, a residential […]
Commercial Investors could not sue over media statements
The fraud claims of Chinese investors who each invested approximately $500,000 in a start-up car company without reading the underlying investment documents were dismissed because the investors could not have justifiably relied on stray misstatements made by the company’s founders in various media outlets. Background Plaintiffs are a group of 27 Chinese citizens who invested […]
Commercial – Investors did not justifiably rely on errant media statements
The fraud claims of Chinese investors who each invested approximately $500,000 in a start-up car company without reading the underlying investment documents were dismissed because the investors could not have justifiably relied on stray misstatements made by the company’s founders in various media outlets. Background Plaintiffs are a group of 27 Chinese citizens who invested […]
Commercial – UCC – Conforming Goods – Preclusion of Expert Testimony – Lost Profits
The failure to adjust revenues for inflation or for rising costs rendered future lost profits expert opinion deeply flawed and unreliable. We deny plaintiff’s motion to exclude defendant’s expert testimony but grant defendant’s motion to exclude plaintiff’s future lost profits testimony. The parties had executed a contract under which defendant had the exclusive right to […]
Commercial – Mislabeled Seeds – Seed Law – UCC – Limitation of Remedies
Kornegay Family Farms LLC v. Cross Creek Seed, Inc. (Lawyers Weekly No. 010-056-17, 16 pp.) (Barbara Jackson, J.) Appealed from Johnston County Superior Court (James Gale, C.J.) N.C. S. Ct. Holding: The purpose of our Seed Law – to protect farmers from the disastrous consequences of planting seed of one kind, believing they are planting […]
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Commentary
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- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
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