No Qui Tam Suit Against Student Loan Agencies

Fees Awarded in Suit to Enforce Settlement

By Deborah Elkins
Published: May 8, 2013
Tags: Civil Procedure, Judge Claude M. Hilton, U.S. District Court - Eastern District

In this suit to enforce the parties’ settlement of alleged breaches of an agreement between a Virginia business and a German corporation, the Alexandria U.S. District Court, on remand from the 4th Circuit, awards defendant, as prevailing party, $893,771.64 in attorney’s fees and $55,249.76 in costs. The parties’ 2008 settlement agreement provided that in the [...]

Fees Reduced for Duplicate Work

By Deborah Elkins
Published: May 8, 2013
Tags: Civil Procedure, Judge Claude M. Hilton, U.S. District Court - Eastern District

In the wake of defendant AOL’s $5 million offer to settle class claims by AOL members who allege defendant violated electronic privacy laws by releasing for download 20 million search queries conducted by people using over 600,000 AOL screen names, the Alexandria U.S. District Court declines to award fees in the amount requested by class [...]

‘Facilities’ Charges Not Authorized by ICAs

By Deborah Elkins
Published: May 3, 2013
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

In this suit by CoreTel Virginia LLC against Verizon Virginia LLC, the Alexandria U.S. District Court grants partial summary judgment to Verizon in this dispute over certain charges under interconnection agreements entered into under the Telecommunications Act of 1996. The Telecommunications Act of 1996 compels incumbent local exchange carriers (ILECs) like Verizon to negotiate contracts, [...]

Employer Response to Hearing Disability ‘Reasonable’

By Deborah Elkins
Published: May 3, 2013
Tags: Employment Discrimination, Judge Claude M. Hilton, U.S. District Court - Eastern District

A hearing-impaired employee of defendant county’s alcohol and drug services program was not a “qualified individual” who could recover under the Americans with Disabilities Act; the Alexandria U.S. District Court says her requests for accommodation were untimely and in any event, there is ample evidence that she was terminated for poor performance. Plaintiff has failed [...]

No Suit for Food-Court Spill

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Claude M. Hilton, Negligence, U.S. District Court - Eastern District

A Costco store wins summary judgment in this personal injury suit filed by a customer who slipped in liquid on the floor near the food court; the Alexandria U.S. District Court says plaintiff has not shown store personnel were aware of the spilled liquid, which another customer observed happened shortly before plaintiff fell. The undisputed [...]

Soldier Wins Lease Termination Case

By Deborah Elkins
Published: February 27, 2013
Tags: Judge Claude M. Hilton, Real Estate, U.S. District Court - Eastern District

An airman had the right to terminate a residential real estate lease if he was transferred by the U.S. Air Force more than 35 miles from the rental property, and an Alexandria U.S. District Court grants summary judgment for the return of his security deposit, in this suit filed on the airman’s behalf under the [...]

Court Allows Motion Filing Under Seal

By Deborah Elkins
Published: February 25, 2013
Tags: Civil Procedure, Judge Claude M. Hilton, U.S. District Court - Eastern District

In this suit by CoreTel Virginia LLC against Verizon Virginia LLC, an Alexandria U.S. District Court says it is appropriate to protect CoreTel’s confidential business information and adequate grounds exist to grant the motion for leave to file under seal Verizon’s motion seeking to amend its answer and counterclaim. As to Verizon’s motion for leave [...]

Surveillance Video Thwarts Disability Claim

By Deborah Elkins
Published: February 4, 2013
Tags: Employment, Judge Claude M. Hilton, U.S. District Court - Eastern District

Although a former credit policy manager for Freddie Mac who suffers from fibromyalgia and sleep apnea won social security benefits, the objective medical evidence, as well as surveillance video showing plaintiff walking, driving, raking, dragging garbage cans, golfing and carrying items including her golf bag, support a denial of long-term disability benefits; the Alexandria U.S. [...]

No Transfer for Fraudulent Conveyance Action

By Deborah Elkins
Published: December 19, 2012
Tags: Bankruptcy, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court again denies Wells Fargo’s motion to transfer bankruptcy trustee’s fraudulent conveyance proceeding to district court: with 40 proceedings pending involving the same multimillion fraudulent loan scheme, the balance of factors considered by district courts in exercising discretion, particularly uniform judicial administration and efficient use of resources, weigh in favor of [...]