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Tag Archives: Judge Claude M. Hilton

Sex offender statute does not violate Constitution (access required)

Although the plaintiff argued the Virginia Sex Offender and Crimes Against Minors Registry violated both the Ex Post Facto and Due Process provisions of the United States Constitution, the court held the statute survived these constitutional challenges. Background In January ...

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Chef’s disability benefits ended due to ability to work in another field (access required)

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 ...

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Accrediting council not liable for school’s denial (access required)

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 ...

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Change from full-time to part-time not an adverse action (access required)

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 ...

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Digital film bits on file-sharing network violated Copyright Act (access required)

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 ...

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Parents of dead man filed claim before they were executors (access required)

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. ...

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Cybersquatting defendant must transfer domain to plaintiff (access required)

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. ...

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No jurisdiction over Russian national’s website (access required)

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 ...

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