Where the parents of a man killed by police officers filed an administrative claim before they were appointed their son’s executors, they failed to exhaust their remedies and their wrongful death suit is dismissed for lack of subject matter jurisdiction. ...

Tagged with: Judge Claude M. Hilton Tort U.S. District Court - Eastern District

The plaintiff demonstrated the defaulting defendant violated the federal Anti-Cybersquatting Protection Act. Background On July 24, 2018, plaintiff brought an in rem action for cybersquatting and trademark infringement against defendant FractalAnalyticsPro.com. . The clerk of court entered default on Oct. ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

Record companies failed in their attempt to sue a Russian national who owns and operates two websites the plaintiffs allege are used for music piracy and copyright infringement because the defendant did not purposefully avail himself of the benefits and ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

A woman’s ADA discrimination and retaliation claims against Fairfax County failed because she could not show she suffered an adverse employment action. There was no evidence she was forced to leave her job nor had she been singled out for ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

An 11-count discrimination suit brought by a former substance abuse counselor was dismissed because one defendant could not be sued and another was immune; the court did not have jurisdiction over some counts and others ran the statute of limitations, ...

Tagged with: Criminal Judge Claude M. Hilton U.S. District Court - Eastern District

Where a money-laundering defendant brought a claim that her lawyer was ineffective, at sentencing she has asked if she had been satisfied with his services, answering yes, her ineffective assistance claim is denied. Background On Aug. 30, 2016, petitioner pleaded ...

Tagged with: Criminal Judge Claude M. Hilton U.S. District Court - Eastern District

A biotechnology company that challenged a final decision of the Patent Trial and Appeal Board is responsible for covering the government’s non-personnel charges. Background Halozyme brought this action pursuant to 35 U.S.C. § 145, challenging a final decision issued by ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

Where a plaintiff  failed to exhaust his administrative remedies, to timely file his complaint and to properly plead claims, his complaint is dismissed. Background Plaintiff is a 46-year old African-American man who suffers from osteoporosis in his hips and sleep apnea. ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

A Virginia federal judge has ruled that a film festival’s use of a photograph taken from the internet without permission was fair use, much to the chagrin of the photographer who took the image and others in the photography world. ...

Tagged with: Copyright Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

In a suit targeting U.S. military agencies’ failure to report information that should have prevented the Sutherland Springs shooter from obtaining his weapon, the cities of New York, Philadelphia, and San Francisco failed to allege a concrete injury or discrete ...

Tagged with: Administrative Judge Claude M. Hilton U.S. District Court - Eastern District