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Sheriff deputies defeat excessive force claim
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 complaint in May 2019, and named two defendants: Loudoun County sheriff deputies Justin Denton and […]
Polo association defeats claims by player accused of bullying
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 dismissed. Background The amended complaint alleges that the United States Polo Association or USPA, defamed […]
Refusal to reinstate PCT application arbitrary
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 three PCT applicants seeking cancellation of withdrawals when they showed they had not received the […]
‘Inflexible and unforgiving’: Pavlov dogged by arbitrary USPTO decisions
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 incorrect address. Judge Leonie M. Brinkema of the Eastern District of Virginia saved an international […]
Government employee’s discrimination claims fail
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 auditor not previously deployed and who was not the same GS level, the government prevailed […]
Former Navy seaman can’t change dishonorable discharge
Where a Navy seaman who was charged with improperly touching a three-year old signed a probation agreement in which he admitted that he “committed the offense charged,” his challenge to the denial of his request to upgrade the status of his discharge for misconduct failed. Background James R. Heuss filed this civil action against the […]
OK to liquidate defendant’s 401(k) to satisfy restitution order
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 taxes that will be triggered by the lump-sum withdrawal. Background Between 2007 and 2017, Jon […]
Federal agency interfered with FMLA rights
Where an employee of the Office of the Director of National Intelligence, or ODNI, gave sufficient notice that she was requesting leave to treat a serious medical condition, but she was forced to use annual leave because ODNI failed to provide notice about her right to take leave under the Family and Medical Leave Act, […]
Facially neutral land use regulations don’t violate RLUIPA
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 moves to dismiss the six-count complaint filed by Alive Church of the Nazarene Inc., which […]
Fruit producer liable for costs of defending hepatitis outbreak
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 A infections linked to consumption of frozen strawberry smoothies. Background This suit arises out of […]
Bank isn’t liable for returning $456 million to sender
Where the state of California sent $456 million to the bank of a company from which it ordered 100 million N95 masks, but the state reversed the transaction after learning the company was only recently formed and its owners were lobbyists, the bank was not liable for returning the funds to California. Background On March […]
PPE complaints were not reason PA was fired
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 claims. Background In June 2014, General Internal Medicine Group Inc., or GIMG, hired James Clark […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
