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Tag Archives: Judge John A. Gibney Jr.

Shopping center could not reverse assignment of lease to bargain outlet (access required)

Where a bargain outlet purchased a company’s interest in a sublease for a store at a shopping center during an auction held as part of the company’s bankruptcy proceedings, the shopping center could not reverse the sale and prevent the ...

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‘Flimsy’ justification for strip search leads to suppression (access required)

The government’s “flimsy” justification for the strip search, together with the scope of the search, led the court to suppress evidence seized following the  strip search. The court, however, held earlier searches of the defendant’s car and cell phones were ...

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Plaintiff’s ‘color’ claim within scope of administrative charge (access required)

Although the plaintiff’s claim did not expressly allege discrimination on the basis of color,  the administrative investigation revealed allegations of color discrimination that were reasonably related to the original race discrimination charge. Background Nikki A. Gardner began working as a ...

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Government given deadline to act on naturalization application (access required)

After a three-year delay in an “expedited” naturalization process, the court imposed a 45-day deadline for U.S. Citizenship and Immigration Services (USCIS) to render a decision or the court will exercise its authority to decide the case. Background Junfei Ge, ...

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Firefighter could sue county for failing to accommodate his PTSD (access required)

A firefighter did not need to specify the essential functions of his job with the Chesterfield Fire and Emergency Medical Services to sue the county for violating the Americans with Disabilities Act by arbitrarily discontinuing an accommodation made for his ...

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Female servers harassed by manager entitled to compensatory damages (access required)

Three female servers at a restaurant, who alleged that they complained to the owner of the restaurant about repeated sexual harassment by one of their managers and were ultimately forced to resign as a result of the harassment, were entitled ...

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