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 ...

Tagged with: Employment Judge Leonie Brinkema U.S. District Court - Eastern District

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 ...

Tagged with: Bankruptcy Judge Leonie Brinkema U.S. District Court - Eastern District

Where an employee who did not prevail on her ADA claim at a bench trial invoking the incorrect Federal Rule in asking the court to revisit its ruling, and her complaints about the court’s witness and related rulings failed to ...

Tagged with: Employment Discrimination Judge Leonie Brinkema U.S. District Court - Eastern District

Where the testimony and evidence at trial demonstrated the transportation company did not comply with two conditions required for coverage for damage to its vehicles caused by its own truck driver, including adding the driver to the policy, the carrier ...

Tagged with: Insurance Judge Leonie Brinkema U.S. District Court - Eastern District

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 ...

Tagged with: Employment Discrimination Judge Leonie Brinkema U.S. District Court - Eastern District

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 ...

Tagged with: Judge Leonie Brinkema Medical Malpractice Million-Dollar Defense Verdicts U.S. District Court - Eastern District

Where the government proved beyond a reasonable doubt that a woman willingly participated in an H-1 B visa fraud scheme with full knowledge of its illegality, the challenge to her conviction failed. Background After a bench trial of Richa Narang ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District

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 ...

Tagged with: Judge Leonie Brinkema Medical Malpractice U.S. District Court - Eastern District

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 ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District

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 ...

Tagged with: Intellectual Property Judge Leonie Brinkema U.S. District Court - Eastern District