ERISA Interference Claim Dismissed for Failure to Allege Discrimination
A federal judge dismissed an ERISA interference claim because the plaintiff failed to allege he was treated differently from other plan participants.
D. Md.
FTI Consulting Revives Trade Secret and Fraud Claims Against Orszag in Maryland Federal Court
FTI Consulting successfully added new defendants and 15 counts, including trade secret misappropriation, in its commercial dispute with former government official Jonathan Orszag.
Maryland Court Approves $760K FLSA Settlement for Construction Flaggers
A federal judge in Maryland has approved a $0.76 million settlement and granted final collective certification in a wage-and-hour lawsuit alleging that construction flaggers were underpaid and retaliated against for seeking compensation.
Yemen Admits Breach of Telecom Contract, But Damages Dispute Remains
A federal judge in Maryland entered summary judgment for Tecore, Inc. on liability for breach of contract against Yemen, but denied the company's request for $2.5 million in damages due to disputed evidence of actual costs.
Judge Allows Union Fair Representation Claim to Proceed, Dismisses Title VII Discrimination Counts
A federal judge in Maryland granted a former Amtrak conductor’s motion to amend her complaint to include a duty of fair representation claim against her union, while dismissing her race and sex discrimination claims under Title VII as futile.
Peraton Prevails on Trade Secrets and Contract Claims Against Former Employee Who Forwarded Bid Data to Personal Email
A Maryland federal court has denied a former employee's motion to dismiss, allowing Peraton Inc.'s trade secrets and contract claims to proceed against Sam Hussain for allegedly forwarding confidential bid strategies to his personal email account.
Infant Sleep Product Maker Keezio Loses APA Challenge to CPSC Press Release on Mattress Safety Risks
The U.S. District Court for the District of Maryland dismissed a suit by infant sleep product maker Keezio Group, LLC against the Consumer Product Safety Commission (CPSC), ruling that a CPSC press release warning consumers about entrapment and suffocation...
Court Allows Southwest Airlines' FMLA Retaliation Claim to Proceed, Dismisses ADA Claim
A federal judge in Maryland denied Southwest Airlines' motion to dismiss a retaliation claim brought by a former ramp agent, allowing the employee's Family and Medical Leave Act suit to proceed while dismissing his disability accommodation claim.
Court Allows Tax Leak Class Action to Proceed, Finding IRS Contractor May Be Federal Employee Under 'Control Test'
A federal judge in Maryland denied motions to dismiss a class action lawsuit against the IRS and Booz Allen Hamilton, ruling that the government contractor’s employee may qualify as a federal employee under the common-law "control test" and that the firm...
Maryland Judge Dismisses FMLA Raise Claim, Ruling Employers May Defer Raises Until Return If Policy Applies to Non-FMLA Leave
A federal judge in Maryland dismissed an occupational therapist’s lawsuit over a denied raise during maternity leave, ruling that employers may defer conditional pay increases until an employee returns from Family and Medical Leave Act leave, provided the...
Maryland Judge Rejects Trade Secret Claims in Think Tank Dispute, Leaves Fiduciary Breach for Trial
A federal judge in Maryland rejected a former government contracting firm’s trade secret and conversion claims against its ex-president and his cousin’s company, but allowed a core fiduciary duty claim to proceed to trial.
ESCO’s Variable-Rate Pricing Survives Motion to Dismiss in Class Action
A federal judge in Maryland allowed a class action against an energy services company to proceed, ruling that a contract’s requirement to reflect “market conditions” prohibits rates set mainly to maximize profit margins.
SRI International Wins Summary Judgment in Defense Contractor’s Trademark Dispute
A federal judge in Maryland granted partial summary judgment to SRI International, dismissing a defense contractor’s claims that the research institute stole its trademark and breached an implied contract over a lobbying campaign for Navy funding.
Bareboat Charter Passengers Can't Borrow Cruise-Ship Consumer Protections, Maryland Judge Rules
A California couple injured on a self-crewed catamaran in French Polynesia must take their negligence claims to Mauritius after a federal judge declined to extend a cruise-ship doctrine to their yacht charter.
Federal Judge Rules Amazon Warehouse Manager Could Not Perform Essential Job Functions After Hip Replacement, Dismisses Disability Bias Claims
BALTIMORE (LN) — A federal judge in Maryland granted summary judgment to Amazon.com Services LLC, dismissing a former operations manager's ADA and state disability discrimination claims after holding that Matthew Gennari could not perform the essential...
District Court Revives Air Ambulance Provider's $31,000 No Surprises Act Claim
A federal judge in Maryland ruled that the No Surprises Act implies a private right of action to enforce binding independent dispute resolution awards, rejecting an insurer's argument that courts lack jurisdiction to compel payment.
District Court Denies Employer Motion to Dismiss ERISA Claims for Delinquent Union Contributions and Alter Ego Liability
A federal judge in Maryland has denied a motion to dismiss brought by construction employers accused of failing to pay required contributions to multiemployer pension and welfare funds, allowing the funds’ claims for delinquent payments, liquidated damages...
District Court Transfers GORE-TEX False Advertising Class Action to Delaware
The District of Maryland granted W.L. Gore & Associates’ motion to transfer a multi-state class action alleging false advertising and consumer protection violations related to the environmental sustainability of GORE-TEX laminate.
Judge Denies Motion to Dismiss in Tip Credit and False Tax Return Dispute
Judge Julie Rebecca Rubin of the U.S. District Court for the District of Maryland denied Silverlud, Inc.’s motion to dismiss an employment lawsuit alleging tip credit violations and the issuance of false tax returns.
FCC's Written-Consent Robocall Requirement Struck Down; Dental Savings Plan Class of 57,240 Decertified
A Maryland federal judge held that the FCC cannot require prior express written consent for telemarketing robocalls under the TCPA — only the prior express consent the statute actually says — then granted summary judgment to DentalPlans.com and decertified...