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Opinion Digests

Maryland statutory assault with intent isn’t ‘violent felony’ under ACCA (access required)

Where a Maryland criminal statute prohibiting assault with intent to prevent lawful apprehension incorporates the common-law understanding of assault, which may involve innocuous conduct, it does not constitute a “violent felony” under the Armed Career Criminal Act, or ACCA. Background ...

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Patent holder fails to plausibly allege indirect infringement (access required)

Where a patent holder failed to allege facts sufficient to support a plausible claim that the defendant knowingly induced others to infringe the plaintiff’s patents, or that defendant acted with the specific intent to do so, an indirect infringement claim ...

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Audit of plaintiff’s business practices excluded at trial (access required)

Where an auto parts warehouse distributor sought to introduce a presentation by plaintiff, an automotive parts supplier, that discussed the results of the supplier’s annual audit of its business practices at trial, the presentation was excluded because the audit evidence ...

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Former employee’s retaliation claim survives dismissal (access required)

Where a former bank employee alleged she was the victim of continuous animus and retaliatory conduct after she complained that another employee’s termination was “not right,” and that the differing treatment culminated in her termination, she plausibly alleged a claim ...

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Ex-paramour’s quid pro quo sex harassment claim fails (access required)

Where the former girlfriend of a company owner, who also worked at the company, alleged that the owner made “unwelcome” sexual advances, but the owner did not know she was ending their relationship at the time, and any animus against ...

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