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Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"
Category: Appellate Law, Eighth Circuit Appellate , Employment, Litigation, Trucking
A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous, unreasonable and/or groundless.” Title VII permits courts to exercise discretion…
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I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying Motion for TRO
Category: Appellate Law, Arkansas Environmental, Energy, and Water Law, Eighth Circuit Appellate , Litigation
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied a request for a temporary restraining order (“TRO”) for an alleged…
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Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit
Category: Appellate Law, Eighth Circuit Appellate , Litigation, Products Liability
In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a successful motion to dismiss for failure to state a claim and was dismissed from…
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First Amendment Rights of Licensed Teacher Litigated in Federal Court
Category: Appellate Law, Education
A licensed teacher was investigated, but the case was closed without disciplinary action taken. The teacher was warned that the existence of the investigation and its outcome were to remain strictly confidential. The teacher claimed that this is contrary to his First Amendment rights. Can the…
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State Hospital Association Fights Changes to Medicaid DSH Payment Rules
Category: Appellate Law, Eighth Circuit Appellate , Health Care, Litigation
For hospitals that “serve a disproportionate number of indigent patients” Medicaid allows for supplemental payments to help ensure their financial viability. The calculation of those supplemental payments recently became the subject of litigation brought by a state hospital association, culminating…
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