To avoid concluding that two preemption provisions in the Fair Credit Reporting Act, or FCRA, are redundant, the court, for the first time, joined other district courts in holding that one preemption provision applied to state statutory claims and the ...

Tagged with: Consumer Protection Judge Michael F. Urbanski U.S. District Court - Western District

Where a contractor who provided mail deliveries for the U.S. Postal Service was repeatedly sexually harassed, assaulted and battered by a USPS employee, the U.S. was shielded from liability by sovereign immunity and could not be held liable for the ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where an independent insurance agent sold insurance policies under a contract with an insurance company and unknown third parties used the agent’s license to process applications with the insurance company, ultimately leading to financial losses for the agent, the agent ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

A white female over the age of 60 who was demoted to assistant principal of a middle school after serving as a high school principal for three years and was replaced by a black male under the age of 40 ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

A dispute between two companies over the use of the name “Cabinet Savers” will proceed to discovery after the court rejected the plaintiff’s early motion to win the suit. The plaintiff had argued that its claim was essentially undisputed, but ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

A CFO who was terminated five months after filing a complaint with the Office of State Inspector General alleging financial wrongdoing by the executive director could proceed on his claims of retaliatory discharge, but he failed to show that any ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

Clarence Whitaker alleged that his wife’s 2007 Hyundai Santa Fe was defective because a critical wiring harness had become disconnected. Mrs. Whitaker was found dead between her car and the side of her house. Police found that the vehicle was ...

Tagged with: Defense Verdict Judge Michael F. Urbanski Products Liability U.S. District Court - Western District

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Because a defendant’s prior bad acts are admissible under the Federal Rules of Evidence 404(b) in a case involving a woman charged with unlawful possession of a firearm, the jury will also hear that she possessed a loaded firearm on ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District