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Tag Archives: Judge Leonie M. Brinkema

Tainted strawberry provider liable for hepatitis damages (access required)

Where the provider of strawberries responsible for a hepatitis A outbreak claimed indemnification from the purchaser of the strawberries, the provider’s claim was denied because the court already held it must indemnify the purchaser, the strawberries did not satisfy specifications ...

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Sheriff deputies defeat excessive force claim (access required)

Where the undisputed facts showed that the plaintiff actively resisted Loudoun County sheriff deputies who were arresting him for failing to appear for a court appearance, the deputies acted reasonably and were granted summary judgment. Background Douglas Vaughn filed his ...

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Polo association defeats claims by player accused of bullying (access required)

Where a polo player was investigated for allegedly directing a racial slur toward a minor and then bullying him, but was cleared of the charges, his subsequent defamation, breach of contract and emotional distress claims against the investigating organization were ...

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Refusal to reinstate PCT application arbitrary (access required)

Where the United States Patent and Trademark Office, or USPTO, refused to reinstate the plaintiffs’ patent cooperation treaty, or PCT, application after they paid the required fees, that was arbitrary and capricious. The office had granted relief to at least ...

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‘Inflexible and unforgiving’: Pavlov dogged by arbitrary USPTO decisions (access required)

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In a case that “should give pause to those who engage in […] patent prosecution,” the United States Patent and Trademark Office, or USPTO, “acted arbitrarily and capriciously” when it repeatedly refused to reinstate an application initially filed with an ...

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Government employee’s discrimination claims fail (access required)

Where a Department of State auditor alleged he was not selected for an assignment because of his race, color and sex, but the evidence showed there were legitimate business reasons for choosing someone else, including giving the opportunity to an ...

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OK to liquidate defendant’s 401(k) to satisfy restitution order (access required)

Where the defendant embezzled more than $19 million from his employer, his 401(k) account may be liquidated to satisfy a restitution order. The 401(k) trustee and the plan administrator will determine what amount to withhold to cover federal and state ...

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