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Tag Archives: Judge Glen E. Conrad

Ex-employee exhausted administrative remedies (access required)

An employer lost its motion to dismiss as its former employee adequately alleged she exhausted administrative remedies. Although she had not received her right-to-sue letter, more than 180 days had elapsed after she filed her charge of discrimination. Background Alice ...

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Trademark ownership unnecessary for false advertising claim (access required)

A retailer who sold genuine certified organic mattresses could bring a Lanham Act claim against a competitor who falsely advertised on its website that its mattresses were certified under the Global Organic Textile Standard even though the retailer did not ...

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Rejecting a supervisor’s advances is protected activity (access required)

Although there is a split among circuits that have addressed whether an employee who rejects her supervisor’s advances and is later terminated states a claim for retaliation under Title VII, and Fourth Circuit has never decided the issue, the court ...

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New ‘Brady’ material not considered due to lack of guidance (access required)

Although the government produced Brady material in 2018 that it should have produced during defendant’s 2006 trial, the court emphasized its ruling was limited to deciding whether a defendant’s § 2255 motion, which was filed previously on different grounds, is ...

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Interpleader plaintiff gets less than one third of request (access required)

Although the interpleader plaintiff was entitled to recover its fees and costs, the court significantly reduced the requested hourly rate and number of requested hours. Background Pinnacle Bank froze the bank accounts of several affiliated companies because of IRS levies. ...

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Deliberate indifference claim arising from overdose dismissed (access required)

The allegations did not support the conclusion the inmate’s need for medical attention was sufficiently obvious or that the defendants actually knew of and disregarded an excessive risk of serious harm. Background On July 25, 2016, a sheriff’s deputy found ...

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Claim not barred by release agreement (access required)

Although an employee signed a general release agreement, the employer was not entitled to summary judgment because there is dispute whether the agreement provided rights more beneficial than under the law. Background James Tolle filed this employment discrimination action under ...

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