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Privacy Act not violated, disclosure required by FOIA
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 case and the material was not exempt, his suit was dismissed. Background On Nov. 11, […]
$4.5 million judgment entered for RICO violations
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 decision was different from the analysis in this civil case. A $4.5 million judgment was […]
Lawyer sanctioned for not pulling libel claim
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 defendant Stefan A. Halper’s motion for sanctions, dismissed this suit asserting claims for defamation and […]
Alleged disabilities not disclosed to schools
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 with Disabilities Education Act, or IDEA, by failing to retest him. Background Before the court […]
Prevailing party can’t get expert fees in trademark appeal
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 district court to pay all expenses. In this case, the statute applied and the expert […]
Military Lending Act doesn’t apply to auto finance deal
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 of Defense issued interpretations in 2016 and 2017 that would have applied the MLA to […]
Denial of request for term adjustment proper
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 patent term adjustment. Background The American Inventors Protection Act, or AIPA, changed the term of […]
‘Paranoia,’ not race, prompted school’s action
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 for duty evaluation because of his “increasing paranoia,” and not his race. Background Bruce W. […]
Protected classes, activity unknown to employers
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 complaint on April 12, 2018, after he learned that another candidate was selected to fill […]
Volkswagen dodges suit over stop/start system
Although the plaintiffs alleged the start/stop system is defective in all nonhybrid Audi models made between 2017-2020, their fraud claims against Volkswagen were dismissed because they failed to identify any information about the system that was suppressed or concealed. Instead, the owner’s manuals confirmed the systems were operating as promised. Background Plaintiffs sued Volkswagen Group [&h[...]
Non-breaching party awarded over $1.6M in attorneys’ fees
Where an agreement between two parties waived consequential damages but one party breached that agreement and sued for damages between $30-90 million, the non-breaching party was entitled to recover over $1.6 million in attorneys’ fees and costs incurred in defending against the claims. Background Before the court is Gulfstream Aerospace Corporation’s motion to confirm arbitration […]
Race, disability not factors in decision to not hire
Where a background investigation revealed concerns about a high-school coach’s “lack of boundaries with students” and that same concern had been reflected in a previous performance evaluation, that was a legitimate, nondiscriminatory reason why he was not hired for positions at other high schools. Background Damian D. Phillips is a disabled African American male who […]
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
