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

Collection letter didn’t support ‘overshadowing’ claim (access required)

Where a debt collection letter included a settlement offer that expired during the 30-day dispute window, but did not demand immediate payment or payment-in-full before 30 days, the claim under the Fair Debt Collection Practices Act was dismissed. The settlement ...

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Gross negligence claim duplicative in malpractice suit (access required)

Where a lawyer’s former client asserted he committed legal malpractice in handling her divorce, because the duties of care arose out of his professional obligations to his client, her claim for gross negligence was dismissed as duplicative of the legal ...

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Alleged restraint, assault backs hostile environment (access required)

Where a home health care worker alleged she was touched repeatedly against her will; forced to touch her harasser’s penis through his pants; forcibly restrained and assaulted and subjected to his lying in wait and then exposing himself, she plausibly ...

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Ongoing settlement discussions with third party not discoverable (access required)

Where the plaintiff in a breach of contract case sought to discover settlement discussions between the defendant and a third party, the defendant was granted a protective order. It was not clear the settlement information was relevant to the case ...

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Ex-employee won’t be enjoined from new employment (access required)

Although the former employee violated a noncompete agreement by taking a new position, the request for a preliminary injunction was denied because the evidence did not show the employee received extensive or specialized training sufficient to justify the restrictions. Background ...

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‘Well-settled’ child stays in U.S. over dad’s protest  (access required)

A child whose mother refused to return her to Honduras following their visit to the United States and whose father petitioned for her return, will remain here. The father delayed in filing his petition, and the child is now well-settled. ...

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