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Defendant’s firearm sentences reduced under First Step Act
A defendant convicted of bank robbery and weapons charges who was sentenced to three 15-year prison terms won a steep reduction in his sentence under the First Step Act. Because of the gross disparity between his sentence and one he would receive under the Act, and Congress’s conclusion that sentences like the defendant’s were unfair […]
Defamation claim fails as nonactionable, time-barred
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. The remaining statements were not defamatory or could not be the basis for liability. The […]
Attorneys’ fees reduced due to unreasonable conduct
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 in a sharply reduced fee award. Background Plaintiff Janice Cho’s alleged that her former employer, […]
Collateral estoppel applies to dispute over contract formation
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 was remanded for further explanation. Background Before the court is an appeal from a decision […]
No basis to revise judgment for employer
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 change the result. Background The court entered judgment after a bench trial in favor of […]
Carrier never insured company’s driver employee
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 was not required to cover the claimed damages. Background This memorandum opinion constitutes the court’s […]
Plaintiff fails to explain delay in appealing adverse decision
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 high burden to warrant equitable tolling. Background Petitioner is an African American female currently employed [&[...]
Woman claimed ‘short gut syndrome’ after bowel surgery – Defense verdict
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 (SBO). Plaintiff returned to a nearby hospital two days later, on May 16, 2017, and […]
Evidence supports defendant’s visa fraud conviction
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 on one count of conspiracy to commit visa fraud and two counts of visa fraud, […]
Plaintiff awarded $2.2 million for botched surgery
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 million. Background April Allan brings this medical malpractice action against the United States under the […]
Defendants liable for failing to make contributions to benefit plans
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 On Feb. 12, 2019, plaintiffs filed suit against JTL Air Conditioning & Refrigeration Inc. and […]
Use of domain name in commerce created protectable interest
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 be transferred back to them. Background On March 12, 2019, plaintiffs Zhangliang Xu, Xiansheng He […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
