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Tag Archives: Judge Roger L. Gregory

USPTO denies certification mark for gruyere cheese

Where two foreign consortiums filed an application to register the word “GRUYERE” as a certification mark, in order to label cheese that is produced in the Gruyère region of Switzerland and France, their application was denied because the term “GRUYERE” ...

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Biopharmaceutical company dodges securities lawsuit

Where plaintiffs suing a biopharmaceutical company for alleged misstatements failed to sufficiently allege any actionable misrepresentations or omissions that would give rise to a duty to disclose, and certain statements amounted to puffery or inactionable opinion or were sufficiently hedged ...

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Disability benefits ordered to severely depressed woman

Where an administrative law judge, or ALJ, improperly accorded “little weight” to the testimony of the applicant’s long-time treating psychiatrist, failed to specify which specific objective evidence supported his conclusion that she was not disabled, inappropriately afforded more weight to ...

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Court joins other circuits, relaxes Rule 9(b) standard

In an issue of first impression, the court joined other circuits in holding that when alleging fraud by omission or concealment, given that critical facts related to such allegations are uniquely within the defendant’s knowledge and control, plaintiffs may partly ...

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4th Circuit applies private sector standard to federal workers

Employee packing up items on desk

The 4th U.S. Circuit Court of Appeals has applied the private sector “materially adverse” standard for retaliatory conduct to reverse the dismissal of a federal employee’s race-based retaliation and harassment claims under Title VII. The court held that Title VII’s ...

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Comment supports hostile work environment claim

Where a co-worker told a former African American Army employee that she could not understand African Americans because they cannot speak properly, and a supervisor allegedly made a comment connecting the abuses of chattel slavery to athletes of African descent, ...

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