The project manager’s Miller Act claim failed because any minor physical work he performed was incidental to his contractual duty to supervise, which is a clerical function that falls outside the Miller Act. Background Plaintiff worked as a project manager ...

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

Where the Russian-based operator of two websites that provide “stream ripping” of commercial sound recordings had US -based lawyers, more than 1.5 million web visitors from Virginia, collected visitors’ personal information and Virginia had a strong interest in not becoming ...

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

Although a photographer argued he had standing to challenge the Virginia Values Act because he cannot publish his beliefs about same-sex unions on his website or in his editorial policy without risking a civil fine, this argument was rejected because ...

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

Where the petitioner’s former attorney made materially false representations on an employment certification submitted as part of an immigration application in 2001, it was immaterial that the petitioner signed the form without verifying its contents. He certified the information was ...

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

A man injured when his surgeon entered the incorrect order into an Electronic Health Records, or EHR, system failed in his attempt to hold the manufacturer liable for negligent design. The EHR system complied with the only “prevailing safety standard” ...

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

Where the Bureau of Indian Affairs had no authority to hire or fire employees of a government contractor; had no supervisory authority; was not responsible for the plaintiff’s salary, insurance and taxes and was not in an employment relationship with ...

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

An Arlington County employee who was terminated during his probationary period failed to show his disability was the reason for the termination or that he was subjected to a hostile work environment. The evidence showed he was not meeting the ...

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

Where a man who slipped while walking down a conference center staircase failed to produce evidence showing the defendants caused the allegedly defective condition or had notice of it at the time he fell and injured himself, summary judgment was ...

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

Where the declaration of covenants of a townhouse association did not allow a second parking space, Asian homeowners suffered no loss of a legally protected right when they were not given a second spot. And there was no evidence the ...

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

Where a doctor twice operated on a plaintiff’s elbow and she cited only the second surgery as negligent on her administrative claim form, there was no jurisdiction over a suit about the first surgery because it was not administratively exhausted. ...

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