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Tag Archives: Judge David J. Novak

Allegations insufficient to show city violated ADA (access required)

Where there was a 4½-year gap between the protected activity and the adverse employment action, and no recurring pattern of retaliatory conduct to bridge the temporal divide, the plaintiff’s retaliation claim was dismissed. And because the ADA’s nondisclosure provision did ...

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Interlocutory appeal denied, resolution would not advance litigation (access required)

Where the substitute trustee sought to appeal from an order granting the bankruptcy trustee partial summary judgment on claims for breach of fiduciary duty and violation of the automatic stay, the appeal was denied because there was no final order ...

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‘Speculative’ allegations result in dismissal of fraud claim (access required)

A borrower who failed to allege full compliance with Wells Fargo’s alleged representations about refinancing could not assert a claim for fraud because her failures rendered the falsity of Wells Fargo’s representations speculative. Background Denise M. Barnette originally brought this ...

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Statement was only evidence, conviction vacated (access required)

A recent Fourth Circuit decision holds that there must be independent evidence beyond the defendant’s statement, establishing his guilt. Because the only evidence here was the defendant’s own statement in connection with acquisition of a firearm, even though that statement ...

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Borrower sanctioned for frivolous arbitration argument (access required)

Where a mortgage borrower’s argument that loan servicing companies tacitly consented to arbitration by their silence was frivolous, and he refused to withdraw a motion to confirm an “arbitration” award after receiving a Rule 11 safe harbor letter, he was sanctioned ...

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