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

Attorney hours and rates reduced in fee application (access required)

Where the court allowed the defendant to recover the attorneys’ fees it incurred in a defunct summary judgment motion, it reduced defense counsel’s hourly rate to rates more commensurate with slip-and-fall work in this district, eliminated noncompensable work and reduced ...

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Walmart employee’s deposition dooms bias claim (access required)

Where a former Walmart employee alleged she was not promoted to “assistant manager” because of her gender, but admitted at her deposition that she was not qualified for the promotion, Walmart prevailed on the claim. Background Denise Horton, a former ...

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‘Rejuvenate’ mark holder can challenge ‘REJUVenate’ (access required)

Where the defendants were allowed to use “REJUVenate” on “[a]ll-purpose disinfectants for infection control and prevention and biosecurity,” but allegedly used it on cleaning products that fall within the scope of goods covered by the plaintiff’s preexisting “Rejuvenate” mark, the ...

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Virginia Miller Act suit stayed due to pending litigation (access required)

Where a subcontractor sued a surety under the Virginia Little Miller Act, claiming it was a beneficiary under prime contractor’s payment bond, but a pending lawsuit between the prime contractor and subcontractor in Pennsylvania would likely resolve the surety’s liability, ...

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Man can’t show termination related to protected activity (access required)

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

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