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Tag Archives: Judge Claude M. Hilton

Sheriff’s transgender policy dooms gross negligence claim (access required)

Where the Fairfax County sheriff issued a policy that incarcerated persons at a detention center are classified and housed according to his/her genitalia, the gross negligence claim of a transgender woman who maintains male genitalia was dismissed because the sheriff’s ...

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Foreclosure challenge properly removed to federal court (access required)

Where a homeowner argued the mortgage noteholder lacked standing to initiate foreclosure proceedings because of irregularities in the process by which it was assigned the mortgage, and that claim depended entirely on the interpretation of federal law and federal regulations, ...

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Miller Act doesn’t cover project manager’s clerical duties (access required)

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 ...

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Russian ‘stream ripping’ site can be sued here (access required)

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 ...

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Willful ignorance of false info is not a valid defense (access required)

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 ...

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Product met current standard, design claim fails (access required)

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” ...

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County employee terminated for performance, not disability (access required)

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 ...

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