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Tag Archives: Judge Leonie M. Brinkema

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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Military Lending Act doesn’t apply to auto finance deal (access required)

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 ...

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‘Paranoia,’ not race, prompted school’s action (access required)

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 ...

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Protected classes, activity unknown to employers (access required)

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 ...

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