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

Labor Secretary’s ‘illogical and improbable’ calculations dismissed (access required)

Although the defendant never opposed the Secretary of Labor’s motion for default judgment, the district court denied it because the motion rested on “illogical and improbable” damages calculations. Background On March 23, 2018, plaintiff alleged violations of the Fair Labor ...

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Claim against background check provider struck for third time (access required)

Where the plaintiffs’ third attempt to plead plausible claims against a background check provider under the Fair Credit Reporting Act, was insufficient, the court dismissed the suit with prejudice. Background Plaintiffs’ three-count second amended class complaint alleges violations of the ...

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Limitations statutes stop some claims in antitrust suit (access required)

Where two groups of plaintiffs in consolidated class actions against America’s leading manufacturers of interior molded doors alleged antitrust violations, the court applied statutes of limitations to narrow the suit and dismissed numerous state antitrust, consumer protection and unjust enrichment ...

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Complaint against pharmaceutical firm fails (access required)

Where a complaint alleging that Teva Pharmaceuticals breached a contract by failing to use commercially reasonable efforts to market a particular drug, but failed to plead facts showing what efforts Teva should have made, the complaint was dismissed. Background This breach ...

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Company did not discriminate or retaliate against employee (access required)

Where it was demonstrated that the discipline levied upon the plaintiff was because of his violations of company policies, and not because of his race, color or prior complaints, there was no unlawful discrimination, retaliation or a hostile work environment. ...

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Noose in workplace was isolated incident (access required)

Where the defendants swiftly investigated the one incident of a noose in the workplace, retrained staff and promptly sought to accommodate the plaintiff with new housing or relocation, the plaintiff could not establish race discrimination or a hostile work environment. ...

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Ex-dean may replead hostile environment claim (access required)

Although the plaintiff alleged the dean of the University of Richmond School of Arts and Sciences caused her to resign as associate dean, her allegations were insufficient to plausibly show a hostile work environment or gender discrimination. She may, however, ...

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