Archive for May 2017
Fourth Circuit Affirms Dismissal of FMLA Suit Against Government Contractor
Fourth Circuit affirms grant of summary judgment; rejects Plaintiff-Appellant’s claims that employer violated his FMLA rights by failing to restore him to the same or a bona fide equivalent position and by terminating his employment shortly after his return from medical leave.
Read MoreU.S. District Court Explores The Conspiracy Theory of Personal Jurisdiction
U.S. District Court found that Plaintiff failed to establish that the Court had specific jurisdiction over Defendant through the “conspiracy theory of personal jurisdiction.” Thus, the Court granted Defendant’s motion to dismiss for lack of personal jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(2).
Read MoreRecent Fourth Circuit Opinion Reminds Attorneys that You May Not be a Mathematician, but You Should Still Check Your Math
Fourth Circuit vacates and remands order for attorney’s fees after finding improper billing rate was used in district court calculations.
Read MoreMaryland Court of Special Appeals Affirms that Breach of Contract Claims Related to Medical Malpractice Require an Additional Promise or Warranty
Maryland Court of Special Appeals finds for the doctor, appellee, stating that for a breach of contract claim related to a physicians performance of a medical procedure to bypass the motion to dismiss stage, there must be the existence of an additional promise or warranty.
Read MoreU.S. District Court Dismisses Disability Case As Untimely
U.S. District Court found that lawsuit brought on behalf of disabled child under the Individuals with Disabilities Education Act, 20 U.S.C. ยง 1400 et seq. was untimely under the applicable two (2)-year statute of limitations.
Read MoreCourt Dismisses Breach of Contract Case Finding Oral Agreement Invalid
United States District Court for the District of Columbia found that the oral agreement made by defendants, which would have granted plaintiff a right of first refusal to purchase property, was not enough for plaintiff to state a breach of contract claim. The court ruled that in order for such an agreement to be valid, it must have been in writing and signed by defendants.
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