The court resolved disputes over whether the experts had complied with the Federal Rules of Civil Procedure and Federal Rules of Evidence and whether their opinions were properly supported and would aid the court in resolving the issues relevant to ...

Tagged with: Evidence Judge Norman K. Moon U.S. District Court - Western District

Where a student’s claims against her university were based on allegations that students and professors at the university falsely maligned her as being mentally disturbed, the potential harm to the student’s professional reputation did not outweigh the public’s interest in ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

A plaintiff who filed a lawsuit in Vermont federal court alleging a conspiracy by her former partner to kidnap their daughter, and then filed an essentially identical action in Virginia as a “protective action,” engaged in improper “claim splitting,” resulting ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Where a patent for an accumulation table that conveys products from one production machine to another included functional language describing how the accumulation table was to be used, it would be premature to determine whether the functional language rendered the ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where a lesbian employee was fired by the same person who had hired her approximately eight months earlier, and the person who fired her had ample reason to believe that she had been dishonest in the course of her employment, ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Where the plaintiff was admitted to a medical center pursuant to an emergency custody order after she was found in the middle of a suicide attempt and she was physically and medically restrained so a doctor could obtain blood and ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

The defendants, who are associated with the white-supremacist Rise Above Movement, were indicted for knowingly traveling in interstate commerce to incite a riot; promoting and carrying on a riot; and committing acts of violence and encouraging others to do the ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

Where a defendant had signed a stipulation of removal waiving his rights to a hearing, attorney and appeal that was ambiguous as to whether the waiver was voluntary, knowing and intelligent, and the immigration judge failed to make an explicit ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

Attorneys who failed to demonstrate their experience in similar class actions, violated federal and local rules and were deficient in their performance in other cases lack the experience, diligence and discipline necessary to competently represent the proposed class. Background This ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

After the magistrate judge recommended reducing the plaintiff’s attorney fee award by almost 40% because of excessive billing, vague time entries, block billing and the plaintiff’s overall lack of success on his claims, the district court further reduced the fee ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District