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Opinion Digests

Appeals – Timeliness – Fee request

Even though an appeal was filed within 30 days after a postjudgment order denying a statutory counsel fee request, the appeal must be dismissed as untimely because it was filed more than 30 days after the final judgment on the ...

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Administrative – Fishing – regulations

New groundfish regulations applicable within the federal waters off New England’s coast are valid and enforceable, as the Secretary of Commerce’s “judgments here were derived from the record, rational, and not based on any error of law.” Lovgren, et al. ...

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Patent and trademark – Progressive encroachment – Laches

The doctrine of progressive encroachment can bar the laches defense in a trademark case. Oriental Financial Group, Inc., et al. v. Cooperativa de Ahorro y Crédito Oriental, et al. (Lawyers Weekly No. 01-275-12) (30 pages) (Dyk, J., of the Federal ...

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Negligence – Trespasser – Train tracks

Where a defendant railroad was awarded summary judgment in a suit brought by a plaintiff who was injured while trespassing, a remand should be ordered to allow the U.S. District Court to determine whether limited discovery is warranted on the ...

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Employment – Severance – Age discrimination

Where a plaintiff lost his job as part of the defendant employer’s reduction in force, he has failed to show that the defendant’s failure to provide him with a severance package violated any federal statute or constituted a breach of ...

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Employment – Discrimination – Age – Pretext

An award of summary judgment for the defendant employer in an age discrimination case must be reversed based on (1) inconsistencies between the defendant’s stated reasons for dismissal and the plaintiff’s performance record at the company, (2) the lack of ...

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