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Opinion Digests

PayPal accounts of eBay counterfeit sellers frozen (access required)

An electronic cigarette company was entitled to a temporary restraining order freezing the PayPal accounts of unknown individuals selling counterfeit products bearing the company’s trademark on eBay because the company was likely to succeed on their claims of trademark infringement ...

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Attorneys’ fees award vacated over improper enhancement (access required)

An arbitration panel’s enhancement of an attorneys’ fees award above the amount calculated by multiplying the reasonable number of hours expended on the case by a reasonably hourly rate was vacated because the panel failed to explain why the base ...

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School board did not retaliate against employee (access required)

A Fairfax County school employee failed to plausibly allege facts showing the school board or school officials retaliated against her for filing a prior employment lawsuit. Background Kathleen Munive alleges that defendants violated 42 U.S.C. § 1983 by retaliating against ...

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Employee fired five months after protected activity can’t sue (access required)

Where an employee had received negative performance reviews for five years before her termination, and her termination occurred at least five months after she engaged in any protected activity, she could not pursue claims of retaliation against her employer. Background ...

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Resignation precludes discrimination claims (access required)

An employee’s resignation prior to her reassignment made it impossible to evaluate whether the reassignment could be considered an adverse employment action, and because the resignation was not the result of intolerable working conditions such that it could be deemed ...

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Termination after injury had valid disability discrimination claim (access required)

Where a physical therapist was unable to perform certain job duties after being injured on the job and was terminated shortly after asking her employer for a reasonable accommodation that would have enabled her to perform all essential functions of ...

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Suit in Virginia over daughter’s kidnapping was duplicative (access required)

A plaintiff who filed a lawsuit in Vermont federal court alleging a conspiracy by her former partner to kidnap their daughter, and then filed an essentially identical action in Virginia as a “protective action,” engaged in improper “claim splitting,” resulting ...

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