Where the insurer’s investigation was not reasonable and the denial of coverage was not supported by the evidence, the insurer acted in bad faith, resulting in the policyholder being awarded its attorneys’ fees. Background This case, which involves a dispute ...

Tagged with: Insurance Judge Liam O'Grady U.S. District Court - Eastern District

Although the prevailing defendants were awarded almost all their claimed fees,  reductions were made for excessive hours, improper itemization, clerical tasks or duplicative time entries. Background On Jan. 17, 2019, the court determined that defendants are entitled to attorneys’ fees ...

Tagged with: Civil Practice Judge Liam O'Grady U.S. District Court - Eastern District

Where an Ethiopian court found unenforceable a contract entered into by a couple in Ethiopia, the foreign court’s judgment was not recognized based on the speed of the ruling, the contradictory analysis on which it rested and doubts about the ...

Tagged with: Contract Judge Liam O'Grady U.S. District Court - Eastern District

Where a credit card customer agreement plainly gave a bank the authority to charge interest to cardholders who had not paid their previous account balance in full and were charged interest on purchases they made during the following billing period, ...

Tagged with: Banking Judge Liam O'Grady U.S. District Court - Eastern District

Where a school human resources official was terminated, for a history of non-responsiveness and unproductiveness, the school board prevailed in proving her termination was not in retaliation for her complaints. Background Ms. Gooding-Williams raised three claims against FCSB. In Count ...

Tagged with: Employment Discrimination Judge Liam O'Grady U.S. District Court - Eastern District

After the court found RXD Media infringed on Apple’s trademarks, Apple provided evidence of actual consumer confusion. Because Apple will suffer irreparable injury without an injunction, RXD has been enjoined from using the IPAD and IPOD marks on its products. ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

An electronic cigarette company was entitled to a temporary restraining order freezing the PayPal accounts of unknown individuals selling counterfeit products bearing the company’s trademark on eBay because the company was likely to succeed on their claims of trademark infringement ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Animal rights groups were not entitled to an injunction compelling the Fish and Wildlife Service to release proactively documents related to trophy imports of African elephants and lions under the Freedom of Information Act because the act only applies to ...

Tagged with: Administrative Judge Liam O'Grady U.S. District Court - Eastern District

An individual’s post-trial attack on his conviction for conspiring to distribute cocaine failed when the court held the government satisfied its discovery obligations. Background In October 2015, Arnulfo Fagot-Maximo and five co-conspirators were charged in a single count indictment with ...

Tagged with: Criminal Judge Liam O'Grady U.S. District Court - Eastern District

Because of their failure to respond to post-judgment discovery and an order requiring them to respond to the post-judgment discovery, two defendants must pay a daily fine to the court until they provide adequate discovery responses. Background After default judgment ...

Tagged with: Judge Liam O'Grady Sanctions U.S. District Court - Eastern District