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Tag Archives: U.S. District Court – Eastern District

Patent term adjustment time properly calculated by agency (access required)

A pharmaceutical company was not entitled to additional patent term adjustment time because the Patent and Trademark Office correctly determined that any time that could be awarded based on a delay caused by the PTO’s failure to act by certain ...

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Court applies FIRST STEP Act to defendant’s sentence (access required)

Where the court acted pursuant to the Formerly Incarcerated Reenter Society Transformed Safety Transitioning Every Person Act, or FIRST STEP Act, passed by Congress in December 2018 to address the mass incarceration of persons sentenced when the Sentencing Guidelines were ...

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Clothes in disabled vehicle admissible as inevitable discovery (access required)

Where an officer conducted an illegal search of a defendant’s disabled vehicle and discovered clothing connecting the defendant to a recent robbery, the discovered clothing did not need to be suppressed because the clothing would inevitably have been discovered during ...

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Traffic infractions, smell of drugs justified vehicle stop (access required)

Where a patrol officer had probable cause to stop a vehicle after observing the commission of multiple traffic infractions, and had probable cause to extend the stop and search the vehicle, as well as its occupants, after smelling marijuana the ...

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Plaintiff awarded $2.2 million for botched surgery (access required)

Where the doctors did not adequately inform the patient about the specific risks of the surgery or a reasonable alternative, and failed to perform certain pre-surgery procedures and made errors during the surgery, the plaintiff is entitled to recover $2.2 ...

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Chef’s disability benefits ended due to ability to work in another field (access required)

Where medical testing demonstrated that a chef was capable of performing work in three alternative occupations with an earning capacity of at least 60% of what he had earned, an insurance company properly ended his disability benefits offered by his ...

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Termination based on lack of productivity, not complaints (access required)

Where a school human resources official was terminated, for a history of non-responsiveness and unproductiveness, the school board prevailed in proving her termination was not in retaliation for her complaints. Background Ms. Gooding-Williams raised three claims against FCSB. In Count ...

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