Where the publisher of romance novels sued another publisher for claiming plagiarism, claims for defamation, tortious interference and conspiracy were dismissed, leaving only a claim under the Digital Millennium Copyright Act, or DMCA. Background This case arises from a dispute ...

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

Where an employee who was not hired for a senior position sued claiming bias, the evidence showed that refusal to promote him, restrictions imposed by his supervisor and his termination were not due to discrimination or retaliation and Freddie Mac ...

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

Although the defendant never opposed the Secretary of Labor’s motion for default judgment, the district court denied it because the motion rested on “illogical and improbable” damages calculations. Background On March 23, 2018, plaintiff alleged violations of the Fair Labor ...

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

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