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Tag Archives: Judge Leonie M. Brinkema

Facially neutral land use regulations don’t violate RLUIPA (access required)

Where Prince William County required 35 categories of entities, including a church, to obtain a special use permit, or SUP, and the other 34 entities were seemingly secular, the church’s facial challenge to the statute failed. Background Prince William County ...

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Fruit producer liable for costs of defending hepatitis outbreak (access required)

Where a strawberry producer guaranteed the quality of strawberries to its “customers,” and a smoothie café qualified as a “customer,” the producer was liable for the attorneys’ fees and costs incurred in defending lawsuits arising from an outbreak of hepatitis ...

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PPE complaints were not reason PA was fired (access required)

Where there was ample evidence that a physician assistant was terminated because of multiple complaints about his behavior from several individuals, and not because of his complaints about the lack of personal protective equipment, his employers prevailed on the retaliation ...

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Privacy Act not violated, disclosure required by FOIA (access required)

Where a government employee alleged the Department of Homeland Security and Department of Justice violated the Privacy Act by disclosing the results of an internal investigation into his conduct, but the disclosure was made in a Freedom of Information Act ...

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$4.5 million judgment entered for RICO violations (access required)

Although the defendants argued they weren’t liable for alleged violations of the Racketeer Influenced and Corrupt Organizations Act, or RICO, because the government failed to prosecute them for defrauding plaintiffs and didn’t order restitution in a related criminal matter, that ...

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Alleged disabilities not disclosed to schools (access required)

Where the school district agreed on a plan for the student’s development with his parents, and the district received no additional information that there were significant concerns regarding his social or executive functioning skills, it did not violate the Individuals ...

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Prevailing party can’t get expert fees in trademark appeal (access required)

Although a prevailing party can ordinarily recover its expert fees as part of its bill of costs, a unique statute requires an applicant appealing an adverse trademark decision by the United States Patent and Trademark Office, or USPTO, in federal ...

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