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 ...

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

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 ...

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

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 ...

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

Where an attorney refused to withdraw his client’s libel complaint despite being told the challenged communication was absolutely privileged, he and his client are liable for the $33,875 in attorneys’ fees. Background On May 5, 2021, the court orally granted ...

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

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 ...

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

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 ...

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

Where the Military Lending Act, or MLA, provides that it does not apply to auto finance transactions, a serviceman’s claim that a credit corporation violated the MLA in connection with his purchase of a vehicle was dismissed. Although the Department ...

Tagged with: Consumer Protection Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where the American Inventors Protection Act allows an extension of the patent term where a district court reverses an adverse determination of patentability, but the district court here simply rejected one adverse finding, the applicant was not entitled to a ...

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

Where a teacher’s emails accused a co-worker and students of participating in a “coordinated effort” of taking unauthorized pictures and raised conspiratorial beliefs about surveillance by school employees, he was placed on administrative leave and required to undergo a fitness ...

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

Where a failed job applicant alleged no facts showing that officials reviewing his resume and job applications were aware of his protected classes or protected activity, his discrimination claims failed as a matter of law. Background Plaintiff filed an EEO ...

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