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Tag Archives: Judge John A. Gibney Jr.

Officer waited too long to assert Rehab Act claims (access required)

The dismissal of a parole officer’s discrimination claims was upheld, because they were filed under the Rehabilitation Act, which is governed by the two-year statute of limitations in the Maryland Fair Employment Practices Act rather than Maryland’s three-year statute of ...

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City loses bid to dismiss suit by parents of shooting victim (access required)

The estate of an 18-year-old who was shot by an off-duty police officer plausibly alleged a claim against the City of Richmond and the officer under § 1983, because it contained sufficient allegations that the officer acted under color of ...

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Lanham Act claim based on change of competitor’s phone number (access required)

While the court dismissed some claims brought by an addiction recovery business that the defendant attempted to steal clients, it found allegations that the defendant changed the recovery business’s phone number on the Internet in order to redirect customers, were ...

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Suit: Rehab group hijacked competitor’s phone listing (access required)

Phone-Call-Right-FEA

A Virginia addiction recovery business can proceed with its federal court claims that a competitor used an underhanded Google tactic to steal potential customers, a judge has ruled. The Richmond-based plaintiff – doing business as Broad Highway Recovery – is ...

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Foreign bidder subject to personal jurisdiction (access required)

An Asia-based retailer that sufficiently participated in the bidding process for the liquidated assets of Toys “R” Us subjected itself to personal jurisdiction in the United States. Background In September 2017, Toys “R” Us declared bankruptcy. Since then, the bankruptcy ...

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EDVA: FDCPA claim viable against lender, servicer (access required)

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

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