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Author Archives: Deborah Elkins

Employment Discrimination – Title VII – Sexual Harassment – Retaliation (access required)

A female fifth-grade teacher who alleges she suffered four instances of sexual harassment by a male fellow fifth-grade teacher over a 17-month period, including sexual comments in an e-mail and smacking and grabbing plaintiff’s buttocks against her wishes on one ...

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Intellectual Property – Trademark Infringement – Attorney’s Fees (access required)

A Richmond U.S. District Court awards costs and attorney’s fees in this Lanham Act case because defendant’s actions constituted willful and deliberate behavior in his illegal use of plaintiff’s trademark to collect payments on counterfeit invoices. The Lanham Act provides ...

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Civil Rights – Ballot Issue – N.C. Constitutional Amendment – Standing (access required)

Four North Carolina citizens have no standing to challenge the process for placement of a proposed constitutional amendment related to funding of local government projects; plaintiffs allege the language used on the ballot to describe the amendment was misleading, but ...

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Civil Rights – Prisoner’s Shaved Head – Religious Beliefs – RLUIPA (access required)

In a South Carolina inmate’s suit alleging claims of excessive force and violation of his religious beliefs arising from the forced shaving of his head under the institutional grooming policy, the 4th Circuit vacates summary judgment for defendant prison officials ...

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Securities – Fraud – PSLRA – Scienter (access required)

Disappointed investors’ allegations that defendant company was seeking to avoid a default on its credit agreements in its statement to investors on a goodwill impairment charge do not adequately allege scienter under PSLRA pleading requirements, but the 4th Circuit says ...

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Civil Rights – Wolf Seizure – Qualified Immunity – Hybrid Animal (access required)

In this “case about a wolf named Dutchess,” the 4th Circuit upholds qualified immunity for an animal control officer who removed the wolf from its owners’ residence. This is a case about a wolf named Dutchess. Concerned that the wolf’s ...

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Admiralty – Fuel Bunkers – In Rem Action – Maritime Lien (access required)

In this maritime action in which Panamanian corporation Triton Marine Fuels Ltd., S.A, alleges that it supplied the M/V PACIFIC CHUKOTKA Vessel with fuel bunkers in a foreign port but was never paid; the 4th Circuit reverses summary judgment for ...

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Civil Procedure – Pleading Standard – Fair Credit Act Claim (access required)

A pro se plaintiff who “is no stranger to federal civil litigation,” having filed at least 43 other civil lawsuits since 2000, has his latest effort, his amended complaint alleging violations of the Fair Credit Reporting Act and Virginia state ...

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