Where a jury is to decide the compensation due to landowners whose property was acquired as part of an easement for construction of an interstate natural gas pipeline, evidence of fear and stigma, and claims that the property was dangerous ...

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

Where a former bank employee alleged she was the victim of continuous animus and retaliatory conduct after she complained that another employee’s termination was “not right,” and that the differing treatment culminated in her termination, she plausibly alleged a claim ...

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

Where the former girlfriend of a company owner, who also worked at the company, alleged that the owner made “unwelcome” sexual advances, but the owner did not know she was ending their relationship at the time, and any animus against ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a company handbook required an employee to be actively employed when a payment was received from the customer in order to be paid commission, and the former sales consultant was no longer employed when the company received payment from ...

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

Where an automotive parts supplier alleged that a warehouse distributor breached the parties’ contract, but the record showed the supplier committed the first breach by failing to keep the distributor competitive in the marketplace, the distributor was granted summary judgment. ...

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

Where a prison official allegedly assigned a detainee to a cell shared by a violent gang member, even though the detainee asked to be housed with a cellmate who is not affiliated with a gang, that determination, by itself, didn’t ...

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

Where the plaintiff sued various police officials for violating his Fourth Amendment right to be free of unreasonable seizures, but the record showed there was probable cause to arrest him, his Fourth Amendment claims were dismissed. Background In the early ...

Tagged with: Civil Rights Judge Thomas T. Cullen U.S. District Court - Western District

A request for a spoliation inference in the absence of evidence that electronically stored information, or ESI, was not produced has been rejected by a U.S. District Court judge. During discovery in a trademark case, defense counsel received an email ...

Tagged with: Judge Norman K. Moon Spoliation U.S. District Court - Western District

Where a former elementary school cafeteria manager alleged a school custodian perpetuated a hostile work environment, but there was no showing that his alleged conduct was based on her sex, the school board was granted summary judgment. Background Judy A. ...

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

Where an employee allegedly downloaded over a thousand files containing an elevator repair company’s confidential business information onto a personal hard drive at the same time he was operating a competing business, the employer’s statutory and common law claims survived ...

Tagged with: Employment Judge Thomas T. Cullen U.S. District Court - Western District