A postal worker could not sue for disability discrimination based on the revocation of the limited-duty assignment following a workplace accident because she failed to meet with an Equal Employment Office counselor within 45 days after receiving notice of the ...

Tagged with: Employment Discrimination Judge Jackson L. Kiser U.S. District Court - Western District

A retailer who sold genuine certified organic mattresses could bring a Lanham Act claim against a competitor who falsely advertised on its website that its mattresses were certified under the Global Organic Textile Standard even though the retailer did not ...

Tagged with: Intellectual Property Judge Glen E. Conrad U.S. District Court - Western District

Because there were disputed issues of material fact on multiple claims, including one for violation of the Defend Trade Secrets Act (DTSA), a jury will decide if a former employee misappropriated trade secrets or misused confidential information and used them ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

A witness who has a “direct financial interest” in the outcome of the case has a “clear bias” that precludes him from testifying as an expert witness. Background David Steffens, along with Williams Ellis, founded Keystone Transportation Solutions LLC, and ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

The plaintiff defeated a motion to strike by convincing the court that any defects in his initial expert disclosure were cured by providing a supplemental report that detailed the information one expert relied upon in reaching his conclusions, withdrawing two ...

Tagged with: Evidence Judge Frederick P. Stamp U.S. District Court - Western District

Where a police officer was charged with soliciting and accepting sexual favors from confidential informants, the government was allowed to introduce the testimony of a woman who had allegedly been sexually assaulted and threatened by the defendant following her arrest ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

A CFO who was terminated five months after filing a complaint with the Office of State Inspector General alleging financial wrongdoing by the executive director could proceed on his claims of retaliatory discharge, but he failed to show that any ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

A plaintiff in a premises liability action was entitled to discover the policies and procedures used by the defendant to maintain the safety of its premises at the time of plaintiff’s injury because even though the policies and procedures could ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

An employee plausibly alleged his former employer violated the Family and Medical Leave Act when it terminated him days after he requested leave to care for his two ill sons. The allegations were sufficient to state claims of discrimination, retaliation ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

Two companies that simply administer an insurance policy, and a third company that was involved in issuing the policy, were dismissed from a coverage suit because, while they are affiliated with the insurer, they are not parties to the policy. ...

Tagged with: Insurance Judge James P. Jones U.S. District Court - Western District