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Tag Archives: Judge Henry F. Floyd

No damages after rejection of equivalent position (access required)

Where a pilot returning from military leave was offered an equivalent position, albeit in a different city, and implementing regulations by the Department of Labor, or DOL, specify that a reemployment position may involve transfer to another location, but the ...

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No immunity for solitary confinement practices (access required)

Where detainees at supermax facilities alleged that solitary confinement violated their Eighth Amendment right to be free from cruel and unusual punishment and their 14th Amendment right to receive sufficient process, prison officials were properly denied qualified immunity at the ...

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Antitrust pharmaceutical class decertified (access required)

Where a class of pharmaceutical buyers claimed two manufacturers allegedly reached an anticompetitive settlement in a patent dispute, the district court erred in focusing on whether denial of certification would result in “multiple individual trials” when it certified a class. ...

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Failure to address ‘stale’ drug convictions was error (access required)

Where the district court discussed the defendant’s “extensive criminal history,” but never addressed his argument that two California drug convictions that were 34 and 28 years old were stale and should be excluded, his sentence was vacated and the case ...

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$100M grill judgment against Walmart wasn’t well done (access required)

Nearly three years after a federal jury found that Walmart had infringed a competitor’s trademark in marketing its line of barbecue grills, a federal appeals court has determined that the trial didn’t cut the mustard. The 4th U.S. Circuit Court ...

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Refusal, not service, was reason for termination (access required)

Where an employee of the Drug Enforcement Administration was terminated because he refused to participate in a DEA internal investigation, not because of his Coast Guard service, his claims under the Uniformed Services Employment and Reemployment Rights Act of 1994, ...

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