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Yearly Archives: 2007

Criminal – Probation Revocation – Allocution – Plain Error (access required)

A defendant whose probation for driving on a suspended license was revoked and who was ordered to serve five months and 20 days incarceration is entitled to be resentenced because the magistrate judge denied defendant an opportunity for allocution. On ...

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Contract – Surety – Project Takeover – Subcontractor Delays (access required)

The district court dismisses defendant surety company’s counterclaim on the surety’s claim for liquidated damages against plaintiff, a subcontractor for concrete and electrical work on an engineer-procure-construct contract that performed work on the EPC contract before it was terminated and ...

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Contract – Performance Bond – Surety Takeover – Subcontractor Delay (access required)

In this litigation involving a subcontractor’s claim against a payment bond issued by defendant surety, the district court denies plaintiff sub’s motion for leave to file a second motion for summary judgment, but grants its motion seeking clarification of the ...

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Civil Procedure – Amended Complaint – Medical Malpractice – FTCA (access required)

A plaintiff who followed the necessary notice procedures to pursue her claim of medical malpractice against the government, alleging she contracted Hepatitis C from a blood transfusion administered during an unauthorized medical procedure, will be allowed to amend her complaint ...

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Intellectual Property – Anticybersquatting Act – Proof Of Publication (access required)

Plaintiff has brought this in rem action pursuant to the Anticybersquatting Consumer Protection Act, 15 U.S.C. 1125(d), against the Internet domain names investtools.com and investtool.com. Plaintiff holds four separate U.S. trademark registrations for the mark “INVESTOOLS” and offers a range ...

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Commercial – Vehicle Shipment – Damage (access required)

Where plaintiff company is suing an alleged broker that arranged for cross-country shipping of a newly purchased Ferrari automobile that was damaged en route in Phoenix, Arizona, the district court finds that the litigation involves the defendant as a broker, ...

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Contract – Government Contract – Tortious Interference (access required)

A government contractor survives summary judgment in its suit against another government contractor with whom it had a “Teaming Agreement” allowing their cooperation in pursuit of Navy contracts, and plaintiff contractor may proceed with its contract, tortious interference, and related ...

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Employment Discrimination – Age – Translator (access required)

A linguist of Palestinian descent who was hired by defendant consultant to perform translation services for the Defense Intelligence Agency loses her suit alleging age and national origin discrimination under Title VII and the Age Discrimination in Employment Act because ...

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Employment Discrimination – Title VII – Race – School Employee (access required)

An African-American part-time lunchroom monitor and school aide loses his pro suit alleging that race discrimination led to his termination for tardiness to his position that required his presence to check in middle school children for an afternoon after-school program. ...

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