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Tag Archives: Judge Mark Davis

Top Op Digest: State-law claims for damage to stored property not pre-empted (access required)

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

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EDVA: Accreditor’s own interest didn’t bias decision (access required)

An accreditation agency’s decision to withdraw the plaintiff’s accreditation as a cosmetology school was not unduly tainted by the fact that one of the commissioners was the executive and part-owner of a similar institution in a nearby city. Background This ...

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EDVA: No (further) fees awarded in bitter patent fight (access required)

Following contentious patent litigation, the court declined to award attorneys’ fees requested on grounds that the patent owner’s claims and litigation conduct were exceptionally unreasonable. Background Plaintiff CertusView Technologies LLC holds five related patents related to its “e-Sketch” technology, which ...

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Even without animus requirement, FHA claim fails (access required)

The court held that a nonprofit group providing housing assistance did not fail to make reasonable accommodations and/or housing modifications at the request of a client who requested wheelchair-accessibility construction. Plaintiff Veda Evans is a disabled mother of three young ...

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Attorney’s Fees Trimmed After Rule 68 Offer (access required)

A plaintiff who initially demanded over $100,000 from a mortgage servicer that allegedly violated the Fair Credit Reporting Act by failing to investigate plaintiff’s alleged delinquency, but who then accepted defendant’s Rule 68 Offer of Judgment for $5,000, is awarded ...

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