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

Jail violated publisher’s rights, but damages are limited (access required)

Although an adult detention center violated the First Amendment and due process rights of Prison Legal News by implementing a policy that prohibited prisoners from receiving books or magazines from PLN, the publisher was awarded only a fraction of its ...

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Bias case against school board goes forward (access required)

Where an employee sufficiently alleged she was underpaid because of her age and that her compensation for teaching certain classes was reduced after she complained to the Equal Employment Opportunity Commission, the school board’s motion to dismiss discrimination and retaliation ...

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Prevailing plaintiff awarded almost $1 million in fees, costs (access required)

Where a former employee of the Virginia Department of Motor Vehicles sought over $1.8 million in fees and costs, the magistrate judge reduced the amount to approximately $938,000. The parties then reached a settlement on the amount of fees, costs ...

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New company not liable for prior entity’s breach of settlement agreement (access required)

Where a new company was not a mere continuation of a prior company, and did not engage in a de facto merger with that prior company, the new entity was not liable for the prior one’s failure to meet payment ...

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Fees awarded against hotel trademark infringers (access required)

Where Royal Touch Hospitality and others were  found liable for continuing to use Choice Hotels’ trademarks after the franchise agreement was terminated, Choice was awarded damages and attorneys’ fees. Background Choice Hotels International Inc. alleges that A Royal Touch Hospitality ...

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Class certified for Fair Labor Standards Act suit against restaurant (access required)

Where current and former employees suing Macado’s restaurants satisfied their relatively relaxed burden to show the putative class is “similarly situated,” the class was conditionally certified and notice must be provided to the putative class members. Background Plaintiffs, who are ...

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Gang prosecutors sanctioned for discovery failures (access required)

The failure of the Danville commonwealth’s attorney’s office to disclose state grand jury testimony before a gang violence trial was “gross negligence,” a federal judge has ruled. In a sanctions ruling citing prosecutorial misconduct, U.S. District Judge Michael F. Urbanski ...

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