A DOL 2004 “first responder regulation” did not change plaintiff fire captains’ ineligibility for enhanced overtime pay under the Fair Labor Standards Act, and the Alexandria U.S. District Court says the fire captains still are covered by the Act’s executive ...

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

An employee of the Fairfax Fire & Rescue Department who tested positive for PCP two months after he signed a “back to work” agreement in lieu of removal after a DUI arrest, has not shown that his drug test and ...

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

Virginia’s program requiring issuance of a Certificate of Public Need for construction of health care facilities does not violate the dormant Commerce Clause by placing an undue burden on out-of-state businesses, an Alexandria U.S. District Court says in this lawsuit ...

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

An Alexandria U.S. District Court excludes two experts proffered by a chiropractor who is challenging the Virginia Board of Medicine’s sanctions of six months’ suspension and a $25,000 fine for violation of state statutes regulating medical practice; neither expert – ...

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

A female African-American hotel sales director who consistently failed to meet sales goals and complained about her male Caucasian supervisor’s rude and condescending behavior has failed to show a hostile work environment or racial animus in her termination and the ...

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

An insurance carrier does not have to defend or indemnify plaintiff under its D&O policy in plaintiff’s litigation over Wells Fargo’s claims of fraudulent transfers in the wake of loan defaults; among other reasons, plaintiff failed to provide timely notice ...

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

A rural mail carrier who asked a friend to email his union steward to state he would not return from his two and one-half weeks of annual leave because he was ill did not make a proper request for leave ...

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

A plaintiff’s suit for $95,000 in damages against a credit corporation that allegedly failed to file a certificate of satisfaction formally extinguishing a deed of trust the corporation held on plaintiff’s residence in 2004 is dismissed by the Alexandria U.S. ...

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

An Oregon company that developed new “SawStop” safety technology for table saws has failed to state antitrust conspiracy claims against a wide array of industry competitors, some of whom licensed plaintiffs’ technology, and who allegedly refused to deal with plaintiff ...

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

An inventor who currently has at least 399 patent applications pending in the U.S. Patent and Trademark Office, which has implemented special procedures for processing the applications, is not entitled to judicial review of the PTO’s decision that 35 U.S.C. ...

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