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Opinion Digests

FLSA attorneys’ fee award vacated (access required)

In awarding attorneys’ fees, the district court failed to exclude time spent for plaintiffs whose claims were time-barred; it also incorrectly determined the percentage of sought damages actually won. Plaintiff Gregory Randolph brought suit against his former employer, Defendant PowerComm ...

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Court lacks jurisdiction over suit against circuit judge (access required)

The district court lacked subject-matter jurisdiction to consider claims by Plaintiff Oscar Ozfidan (Husband) against both his ex-wife and Henrico Circuit Judge John Marshall, who presided over the couple’s state-court divorce proceedings. After Marshall entered the couple’s divorce, Husband moved ...

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Nonprofit’s unattributed photos were fair use (access required)

Defendant Media Research Center Inc. did not infringe on Plaintiff Larry Philpot’s copyright by obtaining his photos from Wikimedia and using them without attribution on the Center’s own website. Philpot is a professional photographer who, as part of his work, ...

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HS counselor can’t prove discrimination (access required)

The court granted summary judgment to Prince William County School Board on discrimination claims by Plaintiff Kwame Yeboah-Kankam, an African-American male originally from Ghana. The court also dismissed Yeboah’s claim for intentional infliction of emotional distress. Yeboah was hired as ...

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Retaliation claim defeated by justifiable termination (access required)

No reasonable juror could find that Plaintiff Mary David was subject to unlawful sex discrimination or retaliation by her employer, Defendant Winchester Medical Center, the district court said. David, WMC’s Director of Critical Care, alleged that Dr. Nicolas C. Restrepo’s ...

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Charitable immunity applies despite unwilling beneficiary (access required)

The district court held that Plaintiff Justis Funkhouser’s personal-injury claim against Defendant Henry & William Evans Home for Children was barred by Virginia’s charitable-immunity doctrine. Funkhouser – a minor in foster care at the time of the underlying events – ...

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