August 19, 2019
Comments Off on Chef’s disability benefits ended due to ability to work in another field
Where medical testing demonstrated that a chef was capable of performing work in three alternative occupations with an earning capacity of at least 60% of what he had earned, an insurance company properly ended his disability benefits offered by his ...
Tagged with: Insurance Judge Claude M. Hilton U.S. District Court - Eastern District
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July 8, 2019
Comments Off on Accrediting council not liable for school’s denial
An accrediting council did not violate due process, breach a contract or engage in tortious interference when it denied an application for renewal of accreditation filed by a West Virginia business. Background West Virginia Business College Incorporated, or WVBC, and ...
Tagged with: Judge Claude M. Hilton Tort U.S. District Court - Eastern District
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June 2, 2019
Comments Off on Housing discrimination claims barred by prior state action
Where Fairfax County had brought an action in state court on behalf of two tenants who were discriminated against by their landlord on the basis of their familial status, the tenants could not bring a separate action in federal court ...
Tagged with: Civil Practice Judge Claude M. Hilton U.S. District Court - Eastern District
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May 22, 2019
Comments Off on Record supported determination that marriage was a fraud
A woman who came to the country on a visitor visa, and who then twice married U.S. citizens (during which marriages she gave birth to children fathered by another man) failed to show that United States Citizenship and Immigration Services ...
Tagged with: Administrative Judge Claude M. Hilton U.S. District Court - Eastern District
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May 13, 2019
Comments Off on Change from full-time to part-time not an adverse action
Where an employee voluntarily left her employment after her position was downgraded from full-time to part time, she was not constructively discharged. and the change did not constitute an adverse employment action sufficient to establish a prima facie case of ...
Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District
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April 25, 2019
Comments Off on Digital film bits on file-sharing network violated Copyright Act
The owner of copyrights to eight films was entitled to judgment against a defaulting defendant based on the proof attached to the complaint that the defendant had downloaded, copied and distributed digital bits of the copyrighted film files through a ...
Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District
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March 3, 2019
Comments Off on Parents of dead man filed claim before they were executors
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
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February 15, 2019
Comments Off on Cybersquatting defendant must transfer domain to plaintiff
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
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February 15, 2019
Comments Off on No jurisdiction over Russian national’s website
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
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January 12, 2019
Comments Off on Job dissatisfaction won’t back constructive discharge
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
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Virginia Lawyers Weekly VA Lawyers Weekly
