Where a woman admitted that she provided false information in her tourist visa application, and her misrepresentations were material, her lawsuit seeking judicial review of the denial of her naturalization application was dismissed. Background Cai Zhao filed a complaint seeking ...

Tagged with: Immigration Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where a man failed to disclose on an immigration application that he had four children, and that information was material and relevant to immigration authorities, the United States Citizenship and Immigration Services, or USCIS, did not err in denying his ...

Tagged with: Immigration Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where an employee of the United States Immigration and Customs Enforcement, or ICE, alleged that ICE’s COVID-19 testing policy favors “those over 50 that can just up and retire,” his claim under the Age Discrimination in Employment Act, or ADEA, ...

Tagged with: Employment Discrimination Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where employees of a government contractor who learned of a subcontract the company was attempting to win then formed their own company, submitted a bid and won the subcontract, a jury will decide if they breached their duty of loyalty ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Michael S. Nachmanoff Tort

Where a man filed a lawsuit challenging the formula used by the Social Security Administration, or SSA, to calculate his children’s benefits, but he failed to exhaust the administrative process prior to filing suit, the suit was dismissed. Background In ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Michael S. Nachmanoff

Where a company sued its former employees for violating a non-solicitation promise, and sued their new company for tortious interference, the United States was permitted to intervene in the suit to invoke the “state secrets” privilege because the companies performed ...

Tagged with: Employment Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where defendants both knew of the right to arbitrate and acted inconsistently with that right during this litigation, their motion to compel arbitration was denied. Background On Dec. 20, 2020, SZY Holdings LLC and FarFromBoring Promotions.com LLC, or FFB, filed ...

Tagged with: Arbitration Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where participants in a defined contribution plan alleged it was imprudent to include certain target-date funds as an investment option, because they were significantly worse performing than alternatives, their complaint was dismissed. Allegations of underperformance alone fail to state a ...

Tagged with: Employment Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where a participant in a defined contribution plan alleged it was imprudent to include certain target-date funds as an investment option, because they were significantly worse performing than alternatives, his complaint was dismissed. Allegations of underperformance alone fail to state ...

Tagged with: Employment Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where the debtor appealed from the bankruptcy court’s order granting relief from the automatic stay, but the bankruptcy court then issued a discharge order while her appeal was pending, the appeal was moot. While the debtor’s appeal essentially sought reinstatement ...

Tagged with: Bankruptcy Judge Michael S. Nachmanoff U.S. District Court - Eastern District