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College prevails on professor’s retaliation claims
Where a college professor argued she was terminated for unlawful reasons, but the record showed the decision was because she was not a good fit for the college and because of reports of threatening and unprofessional behavior, the college prevailed on the retaliation claims. Background In 2017, Summer Lashley signed a one-year contract to teach […]
Amtrak employee’s Title VII claims must be arbitrated
Where an Amtrak employee alleged that she was subjected to discrimination made unlawful under Title VII, but her claims necessitated the “interpretation or application” of a collective bargaining agreement, they were subject to arbitration under the Railway Labor Act. Background Congress enacted the Railway Labor Act, or RLA, to curb disruption of the rail yards, […]
Challenge to judges’ appointments fails
Where claimants for disability benefits argued their administrative law judges, or ALJs, were improperly appointed, because the Social Security Administration’s Acting Commissioner was ineligible for her position at the time she ratified the judges’ appointments, this argument failed. The Acting Administrator was properly serving in that role at the time. Background In December 2016, President[...]
Parent fails to show IDEA hearing was flawed
Where a parent argued the findings of an administrative law judge, or ALJ, who presided over a hearing on whether a school district complied with the Individuals with Disabilities Education Act, or IDEA, were not entitled to deference, primarily for lack of detail, her argument was rejected. The ALJ demonstrated her “careful consideration” by making […]
Injunction properly issued against Dutch company
Where a Dutch entity based in the Netherlands argued the North Carolina district court impermissibly applied United States and North Carolina law extraterritorially when it preliminarily enjoined certain conduct, but the injunction addressed conduct affecting American customers, the argument failed. Background dmarcian Inc., or dInc, is headquartered in North Carolina. In 2016, it negotiated an [&[...]
Sentencing argument doomed by acquiescence
Where a defendant argued that the government failed to establish his prior conviction for criminal domestic violence, or CDV, was imposed “upon adjudication of guilt,” but he did not make any showing in the district court that this information in his pre-sentence report, or PSR, was incorrect and instead waived all objections to the PSR […]
Insurer waived argument that Connecticut law applied
Where an insurer sued for allegedly reporting false medical information about a man, causing him to become uninsurable, litigated the entire case under the substantive law of North Carolina, it waived any argument that Connecticut law applied to the dispute. The district court thus erred when it decided, after a jury found for the man, […]
Deaf man’s suit over hospital’s lack of interpreter reinstated
A deaf man who sued a hospital after it failed to provide him with an interpreter during his wife’s childbirth had his disability discrimination lawsuit reinstated by the 4th U.S. Circuit Court of Appeals. The Fourth Circuit reversed the decision by the district court to dismiss the man’s claims after finding he “has plausibly pled […]
Deaf plaintiff’s suit against hospital reinstated
Where a deaf man alleged that hospital employees knew of a substantial likelihood that he would be unable to communicate without an appropriate auxiliary aid during his child’s birth, yet still made a conscious choice not to provide one, his disability discrimination lawsuit should not have been dismissed. Background Neil Basta, a deaf man, sought […]
Application for flavored e-cigarettes denied
Although the manufacturer of flavored electronic cigarettes argued that the Food and Drug Administration, or FDA, changed the standard and the types of evidence required for approval, the court joined the majority of circuits in finding that FDA neither changed the standard nor the types of evidence required. Instead, the FDA rejected the application due […]
Court can’t reclassify felony as misdemeanor
Where the defendant moved under the First Step Act to have his felony conviction reclassified as a misdemeanor so that he could escape the collateral consequences of the felony conviction, his motion was denied. The text of the First Step Act makes clear that it operates on extant sentences, not the classification of completed offenses […]
Securities claims can’t be based on puffery, boasting
Where a company offered no quantitative metrics, qualitative comparisons or other specifics to bolster its claims of “competency” and “flexibility,” those boasts reflected the natural role that puffery can play in contract formation and did not support a claim for securities fraud. Background This securities fraud lawsuit arises from a series of statements made by […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
