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Tag Archives: Judge Thomas T. Cullen

Parol evidence needed to explain confusing contract (access required)

Where a contracting party moved for reconsideration of the court’s order denying its motion to dismiss, the motion was denied because parol evidence was needed to provide context to the confusing and contradictory contract terms. Background Fifth Third Bank N.A., ...

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Attorney hours and rates reduced in fee application (access required)

Where the court allowed the defendant to recover the attorneys’ fees it incurred in a defunct summary judgment motion, it reduced defense counsel’s hourly rate to rates more commensurate with slip-and-fall work in this district, eliminated noncompensable work and reduced ...

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Walmart employee’s deposition dooms bias claim (access required)

Where a former Walmart employee alleged she was not promoted to “assistant manager” because of her gender, but admitted at her deposition that she was not qualified for the promotion, Walmart prevailed on the claim. Background Denise Horton, a former ...

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Virginia Miller Act suit stayed due to pending litigation (access required)

Where a subcontractor sued a surety under the Virginia Little Miller Act, claiming it was a beneficiary under prime contractor’s payment bond, but a pending lawsuit between the prime contractor and subcontractor in Pennsylvania would likely resolve the surety’s liability, ...

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Firing result of alleged sexual conduct, not bias (access required)

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

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Lack of comparators dooms pay bias claim (access required)

Where a Walmart bakery/deli division area manager alleged she was paid less because of her gender, but her male comparators held different jobs and had different duties, skills and relevant work experience, Walmart was granted summary judgment. Background Stephanie Chapman ...

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