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Tag Archives: Judge Leonie Brinkema

Attorneys’ fees reduced due to unreasonable conduct (access required)

Although a woman who successfully sued a Korean news outlet under the Fair Labor Standards Act was entitled to recover her attorneys’ fees, her lawyer’s unreasonable conduct, including excessive litigation and inadequate record keeping, and overall lack of success resulted ...

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Collateral estoppel applies to dispute over contract formation (access required)

Where all the elements for collateral estoppel were established, the bankruptcy court did not err in finding a contract was formed between the trustee and a defendant. But because the court did not articulate its reasoning on damages, the issue ...

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Plaintiff fails to explain delay in appealing adverse decision (access required)

Even if the 30-day filing time limit imposed by 5 U.S.C. § 7703(b)(2) is a nonjurisdictional claims-processing rule, and not a jurisdictional prescription, and even if nonjurisdictional claims-processing rules permit equitable tolling, the facts alleged were insufficient to meet the ...

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Woman claimed ‘short gut syndrome’ after bowel surgery – Defense verdict (access required)

Plaintiff alleged negligence against a defendant radiologist regarding the interpretation of a CT scan without contrast on May 14, 2017. Specifically, plaintiff alleged that the defendant radiologist was negligent in failing to report findings consistent with a small bowel obstruction ...

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Plaintiff awarded $2.2 million for botched surgery (access required)

Where the doctors did not adequately inform the patient about the specific risks of the surgery or a reasonable alternative, and failed to perform certain pre-surgery procedures and made errors during the surgery, the plaintiff is entitled to recover $2.2 ...

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Defendants liable for failing to make contributions to benefit plans (access required)

An employer that is a party to a collective bargaining agreement, and a separate company found to be its alter ago, are liable for unpaid contributions to benefit plans and other damages, including interest, liquidated damages, and attorney’s fees. Background ...

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Use of domain name in commerce created protectable interest (access required)

The owners of certain domain names obtained a protectable interest in those names by using them in commerce before a hacker transferred the names to his control, and the owners were entitled to an order directing that the domain names ...

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