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Opinion Digests

Prevailing employer awarded more than $4,800 in costs  (access required)

Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

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Experts may testify about lost earnings at damages trial (access required)

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

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No confusion in marketplace over CPFA designation (access required)

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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Prior convictions of similar conduct are admissible (access required)

Prior convictions for fraud, embezzlement and misdemeanor use of identifying information were admissible in the trial of a woman charged with wire and bank fraud and the preparation of false tax returns because both involve her untruthfulness for personal gain. ...

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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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Lack of customer confusion dooms claims (access required)

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

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Reinstatement didn’t exceed arbitrator’s jurisdiction (access required)

An arbitrator did not exceed his jurisdiction in reversing United Airlines’ decision to terminate a pilot accused of retaliation. The arbitrator acknowledged the retaliation standard from United’s policy and the definition applied by the Equal Employment Opportunity Commission, and sufficiently ...

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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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