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Tag Archives: Judge Leonie Brinkema

No duty to defend insureds in faulty construction lawsuits (access required)

Where lawsuits brought against the insureds alleging shoddy construction of townhouses were “replete” with allegations of intentional conduct, that conduct is neither an “occurrence” nor an “accident,” so the insurer’s duty-t0-defend was not triggered. Allegations of negligent conduct were unsupported by ...

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Franchisor awarded most of attorneys’ fees, costs in trademark suit (access required)

Franchisees of urgent care centers who continued using the trademarks, service marks and a franchise system without authorization must pay most of the plaintiff’s attorneys’ fees. The claimed partner hourly rate of $400 and associate rate of $200-275 per hour ...

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PTO did not discriminate or retaliate against ex-employee (access required)

The Merit Systems Protection Board, or MSPB, and the Equal Employment Opportunity Commission did not err in upholding the dismissal of plaintiff from the Patent and Trademark Office. The plaintiff failed to exhaust his administrative remedies or did not engage ...

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Attorneys’ fees denied where Lanham Act case was not ‘exceptional’ (access required)

Although the defendants prevailed at summary judgment by demonstrating the Lanham Act claims were time-barred, attorneys’ fees were denied because the plaintiff’s claims were not frivolous or objectively unreasonable, its litigation approach was not so unreasonable as to render it ...

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Crime-fraud exception applies where lawyer committed crime or fraud (access required)

A law firm defendant must produce attorney-client privileged documents because the crime-fraud exception is applicable where the attorney purportedly committed a crime or fraud, there was a prima facie showing he engaged in criminal conduct and the Noerr-Pennington doctrine was ...

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Nonprofit has standing to challenge military policies (access required)

A nonprofit that works with servicemembers who are LGBTQ+ and/or HIV positive had direct standing to challenge the military’s accession and retention policies that forced the  organization to divert resources from other programs and impaired its ability to carry out ...

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Defamation claim fails as nonactionable, time-barred (access required)

Where a Russian-born British scholar sued media outlets alleging defamatory statements, the statements were made more than one year before her suit was filed so they were time-barred and could not be revived by republication or third parties’ electronic references. ...

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