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Tag Archives: Judge Paul V. Niemeyer

Flagrant discovery violations support dismissal sanction (access required)

The failure of a nurse practitioner to produce thousands of email messages in her suits against a hospital, and her submission, after a day-long deposition, of a 54-page declaration that rendered her deposition useless, supported the district court’s decision to ...

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Sex-based stereotype rumors backs Title VII claim (access required)

A woman who alleged male employees circulated a rumor that she had a sexual relationship with a higher-ranking manager in order to obtain her position adequately stated a claim for discrimination and a hostile work environment, given the historical stereotypes ...

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Body cam footage supports denial of motion to suppress (access required)

Body camera footage showed officers had consent to enter the man’s residence and he was not in custody when questioned; therefore, the dismissal of a motion to suppress is upheld. Background After Ismael Azua-Rinconada was indicted for illegally entering the ...

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Injunctive relief fails on one Winter factor (access required)

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

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