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

Inapt comparators are fatal to gender bias suit (access required)

Where a Walmart store manager claimed she was paid less than male colleagues, but her alleged comparators worked in different departments, had different duties and dealt with different decisionmakers, she failed to state a prima facie case of gender bias ...

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Banks’ realty-referral program didn’t violate False Claims Act (access required)

Where information about the banks’ realty-referral programs was publicly disclosed, that information was the subject of the relators’ suit and the relators weren’t original sources, their False Claims Act suit was dismissed. Background Relators are real estate agents who allege ...

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Notifying parent about alleged abuse of minor isn’t IIED (access required)

Although an individual allegedly told the plaintiff that his minor daughter had been assaulted, the intentional infliction of emotional distress claim was dismissed because such conduct isn’t sufficiently outrageous. Background Momolu Sacker Sirleaf alleges that in 2005, while he was ...

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Parol evidence needed to explain confusing contract (access required)

Where a contracting party moved for reconsideration of the court’s order denying its motion to dismiss, the motion was denied because parol evidence was needed to provide context to the confusing and contradictory contract terms. Background Fifth Third Bank N.A., ...

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No statutory damages in ice cream photograph suit (access required)

Where rival ice cream truck owners dispute the right to use a banana split photograph, but the plaintiff didn’t register the photo until after the alleged infringement, it may not recover statutory damages or attorneys’ fees. However, because it did ...

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