Jury Should Decide Rail Co.’s Interpretation of Injured Worker’s Medical Report, Fed. Circuit Says, Reviving Discrimination Claim

The company argued that it did not view the plaintiff’s medical records as indicating he was disabled, but rather that the records showed that seizures may impair his work later.       

Jury Should Decide Rail Co.’s Interpretation of Injured Worker’s Medical Report, Fed. Circuit Says, Reviving Discrimination Claim Read More »

Federal Judge Sends Volkswagen Dealers’ ‘Unilateral Charge’ Dispute to State Agency

“The federal interests here are particularly weak compared to the relatively strong interest of the state in interpreting its own statute via a specialized tribunal created by the state legislature,” said U.S. District Judge John J. Tharp Jr. of the Northern District of Illinois.       

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‘Untenably Broad:’ Federal Judge Dismisses Class Action Kickback Claims Against Chicago Pharmaceutical Company

“Under [the plaintiffs’] reading, virtually all pharmaceutical product-support services would qualify as a kickback, U.S. District Court Judge John Tharp for the Northern District of Illinois said.       

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Divided 8th Circuit: Officers Can Ask for Person’s Identification, Not ‘Order’ and ‘Punish’ When Withheld

“The mere existence of a statute permitting an officer to ask for information does not authorize an arrest for failing to provide it without some legal authority behind the demand,” said Judge L. Steven Grasz, who authored the opinion.       

Divided 8th Circuit: Officers Can Ask for Person’s Identification, Not ‘Order’ and ‘Punish’ When Withheld Read More »

Judge Tosses ‘Petty’ Discovery Dispute in Chicago Trademark Litigation

“Touche as the saying goes! Magistrate Judge Jeffrey Gilbert wrote about the defendant’s seemingly hypocritical request. “So, are defendants vulnerable to the same argument they make about the timeliness of plaintiff’s motion? Should both motions be denied on that basis?       

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Semantics of Order, Final Judgment: State Appellate Court Declines to Consider Attorney Fee Challenge

“In other words, Missouri law is clear that a motion that is expressly declared by Supreme Court Rule to be an independent action must be resolved by an independent judgment that meets the requirements of Rule 74.01(a) before it is final and appealable—a principle made clear by cases interpreting Rule 74.05(d),” the court said.       

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