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” ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Roger L. Gregory

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Securities

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Roger L. Gregory

Where a former candidate for the U.S. Senate alleged that multiple media companies defamed him by describing him as a “felon,” although he was convicted and served one year in prison for a federal conspiracy offense that is classified as ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Tort

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Roger L. Gregory

Where the district court relied on now-inapplicable guidance in denying a detainee’s first motion for compassionate release, and then appeared to rely on that first denial in denying his petition a second time, despite the fact that he presented supplementary ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge Roger L. Gregory

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Roger L. Gregory

Where an officer testified that he prolonged a traffic stop because the driver was slow to pull over and excessively nervous while driving in a drug corridor, but video evidence did not support his testimony, and traveling on a known ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory

Where a congressional advisor alleged that he was defamed by an article about efforts to dig up dirt on Joe and Hunter Biden, his suit was dismissed. Most of the statements in the article weren’t about him, he failed to ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Tort