Where an Oklahoma company attempted to transfer a case to Oklahoma under 28 U.S.C. § 1404(a) by arguing the plaintiff had the burden of showing why it should not be transferred, it misread a Supreme Court case which turned on ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a man voluntarily left a restaurant with a police officer to be patted down outside, the officer did not brandish a weapon, use restraint, accuse him of wrongdoing or make a show of authority, and thus the man failed ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Elizabeth K. Dillon

Where the named plaintiff failed to file a written opt-in consent notice before the time for doing so expired, he was not a proper plaintiff and could not lead the collective action. A substitute plaintiff was allowed. Background This is ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a man convicted of wire fraud brought claims of fraud and conspiracy against his team of public defenders, the court lacks subject matter jurisdiction because the attorneys were performing “professional services” on a court-appointed basis and there was no ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Eastern District

Where an employee was correctly told that his leave under the Family and Medical Leave Act was exhausted, his FMLA interference and retaliation claims failed because his termination stemmed from violation of the attendance policy. His assertion that he believed ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the supplemental report from a property owner’s real estate expert witness contained opinions about the effect of a pipeline on the property that are entirely new and different from his first report, the failure to disclose the new opinions ...

Tagged with: Constitutional Judge Elizabeth K. Dillon U.S. District Court - Western District

In a wrongful death suit, a husband’s attempt to sue a trucking company for vicarious liability based on an alleged joint venture with another defendant, was defeated because he could not show the company was involved in a joint venture. ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

Where a man who applied to be head varsity softball coach was told he didn’t get the position because the school preferred female employees, that was direct evidence of discrimination. Although the school board claimed there were other reasons he ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the complaint included only conclusory allegations that communication from a debt collection agency involved “debt” within meaning of the Fair Debt Collection Practices Act, the suit was dismissed. Background Kristyn Epps filed a putative class action complaint, asserting a ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a company promised to pay its general counsel a $100,000 signing bonus and a $1.2 million annual salary but failed to pay him for three years, a default judgment was entered against the company. And because its owner made ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District