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Tag Archives: Judge Norman K. Moon

No statutory damages in ice cream photograph suit (access required)

Where rival ice cream truck owners dispute the right to use a banana split photograph, but the plaintiff didn’t register the photo until after the alleged infringement, it may not recover statutory damages or attorneys’ fees. However, because it did ...

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Nurse can sue, claims she was fired for whistleblowing (access required)

Where a registered nurse alleged that she was terminated four days after she complained that the hospital’s refusal to accept children in need of immediate emergency psychiatric care violated federal law, she plausibly stated a claim for whistleblower retaliation. Background ...

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Fourth Circuit precedent forecloses attorneys’ fees claim (access required)

Where the 4th U.S. Circuit Court of Appeals previously held that a plaintiff who won a preliminary injunction that was not reversed or modified, but whose case was later dismissed as moot, is not a “prevailing party” entitled to attorneys’ ...

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