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Tag Archives: Judge Henry Coke Morgan Jr.

Government enjoined from replacing base’s food vendor (access required)

The court held the plaintiffs were entitled to a temporary restraining order because they demonstrated the government likely violated contracting rules in awarding the contact to another entity, the plaintiffs would suffer irreparable harm if they were replaced on the ...

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Boat maker’s changes in redesign did not violate injunction (access required)

The court held a boat maker was not in violation of a permanent injunction enjoining it from making, selling or offering for sale an infringing product, because it had sufficiently redesigned the boats so as to not infringe the plaintiff’s ...

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Refusal to hire hearing-impaired applicant not ADA violation (access required)

An employer who did not hire a hearing-impaired man as a shipyard pipefitter was granted summary judgment based on evidence that the ability to hear alarms and announcements was essential, that pipefitters are subjected to high noise activities and that ...

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Patient recovers for denial of treatment, beatings – $385,000 Verdict (access required)

Involuntarily committed patient at Central State Hospital denied recommended and needed medical care (Dialectal Behavioral Therapy a.k.a. “DBT”) for three years and subjected to beatings over several weeks, at hands of another, much larger, patient, who attacked plaintiff at the ...

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Bon Mots: July 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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EDVA: Patient proves “horrifying” violations by medical staff (access required)

An involuntarily committed man who suffered from bipolar personality disorder was unreasonably denied necessary therapy, unlawfully restrained due to a nurse’s false report that he’d attacked her, and subjected to multiple severe assaults by another patient who acted at the ...

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State doctor hit with punitives for treatment denial (access required)

Emergency ER Hospital FEA

A patient who claimed he was denied recommended mental health treatment, beaten by another patient and unreasonably restrained at a state hospital won both compensatory and punitive damages against a doctor and a nurse – both state employees – in ...

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EDVA: Vandalized hotel can try denied insurance claim (access required)

Genuine disputes of material fact precluded summary judgment as to whether an insurance company improperly denied coverage for property damage after vandals cut a water line in a hotel undergoing renovations. The insurer claimed that the hotel owners had misrepresented ...

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EDVA: Dog-gene mutation was “natural,” not patentable (access required)

A Swiss researcher who discovered the genetic mutation that causes Nasal Parakeratosis in Labrador Retrievers could not enforce a patent on it, because the discovery was a naturally-occurring phenomenon. Background This action concerns U.S. Patent No. 9,157,114 for an in ...

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