Where there was no evidence that any of the United States Patent and Trademark Office’s alleged conduct was based on an employee’s race or age, the agency  prevailed on the hostile work environment claim. Where the employee was not satisfying ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Although a former Army employee did not administratively exhaust her constructive discharge claim and the Army prevailed on claims for discrimination and disparate treatment based on gender, disability bias and failure to accommodate, a jury will decide if the Army ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

The architecture of the defendant’s loan servicer website meant the plaintiff agreed to arbitration through a “clickwrap” agreement, even though he denied reading or reviewing it. Moreover, the loan servicer could rely upon a promissory note that incorporated the agreement, ...

Tagged with: Arbitration Judge T.S. Ellis III U.S. District Court - Eastern District

Where an employee’s complaint did not allege facts showing her race or gender were reasons for her employer’s actions, that she experienced a hostile work environment or suffered an adverse employment action, her claims were dismissed, albeit with leave to ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Although the court is authorized to award restitution to the victim of child pornography, which includes trauma or losses that may have resulted from the documentation of the sex act as well as the act itself, the government failed to ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

In an issue of first impression, a court in the Fourth Circuit held defendants can be required to disclose their intent to rely on an advice-of-counsel defense and that the assertion of that defense waives the attorney-client privilege to a ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Where the defendant was convicted of mail fraud, wire fraud and conspiracy, and the jury held that fraud proceeds from the sale of real properties in Fairfax and Bethany Beach were traceable to two of the counts on which the ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Where a teacher alleged a plausible failure to hire claim based upon his race, his disability discrimination, retaliation and defamation claims were dismissed as untimely or insufficient. However, he was given an opportunity to replead and state a claim for ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Where a company sought coverage for alleged damages related to the seizure of a vessel by the Indian government which detained the guards and crew and charged them with importing weapons, no duty was owed by the insurer, as the ...

Tagged with: Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

Where a CFO was sued by employees for assault and battery and the company for hostile work environment, the employees’ claims can go forward. Numerous other claims however, were dismissed, as was an attempt to hold the company liable for ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District