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

Challenge to pharma marketing plan survives dismissal bid (access required)

Efforts by pharmaceutical defendants to quickly dispose of a suit alleging they didn’t use commercially reasonable efforts to market and sell a prescription drug failed because the complaint plausibly alleged they were liable under a successor liability theory and breached ...

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Transgender plaintiff alleges retaliation by DMV employees (access required)

Where a transgender plaintiff alleged that one DMV employee specifically adopted a dress code policy that was directed at her, and that a second employee forced her to resign shortly after she “begin presenting” as a female, those allegations  were ...

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Lawyers disqualified over conflict with potential co-conspirator (access required)

Two defense attorneys for a man charged in a multi-count drug, money laundering and racketeering conspiracy were disqualified because they were being paid, in part, by a potential co-conspirator, giving rise to “an actual serious conflict” that could not be ...

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County employee terminated for performance, not disability (access required)

An Arlington County employee who was terminated during his probationary period failed to show his disability was the reason for the termination or that he was subjected to a hostile work environment. The evidence showed he was not meeting the ...

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Informant’s tip, other factors supported vehicle stop (access required)

Where a detailed and largely accurate tip from a reliable confidential informant, together with police knowledge of the defendant’s involvement in a prior drug trafficking investigation, his criminal history and his presence at a hotel known for drug trafficking provided ...

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Employer can’t dispose of calculation-of-benefits suit (access required)

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security Act, testimony from the plaintiff’s expert witness about the appropriate ...

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Capital One failed to promote employee for legitimate reasons (access required)

An employee’s interview performance for one position and her lack of qualifications for a second were the reasons she was not promoted to either of the two positions, rather than her age or race. Background This employment discrimination matter arises ...

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Failed retaliation claim doesn’t revive discrimination claim (access required)

Where a professor failed to timely file a discrimination claim against a university, he cannot reopen the time for filing the discrimination claim by filing a retaliation claim based on an email in which the university simply reiterated its refusal ...

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Valid appointment of substitute trustee dooms foreclosure challenge (access required)

Where a borrower claims she did not retain counsel because she relied on a bank representative that foreclosure of her home was “on hold,” and that a lawyer would have  challenged the validity of the appointment of the substitute trustee ...

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