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Judge Claude M. Hilton

Sep 30, 2022

Petitioner failed to show eligibility for citizenship

Where the petitioner was required to demonstrate that he was lawfully admitted to the United States, but he had been previously deemed inadmissible to the United States because of a prior conviction for embezzlement, he failed to meet his burden of demonstrating he was lawfully admitted when he last entered this country. Background On July […]

Sep 26, 2022

Sanctions levied for Rule 11 violations

The plaintiff in a long-running dispute over the management and distribution of the assets of a bankrupt partnership must pay the defendant’s legal fees, a federal judge has ruled. In this case, the plaintiff’s amended complaint “is baseless on all counts in terms of evidentiary support,” U.S. District Judge Claude M. Hilton of the Eastern […]

Sep 15, 2022

Plaintiff sanctioned for ‘multiple’ Rule 11 violations

Where the plaintiff failed to support any of her claims with evidence, no reasonable person would believe the claims were factually justified and it appeared the suit was filed for an improper purpose, the plaintiff must pay the defendants’ legal fees. Background This case involves a decades long dispute over the management and distribution of […]

Sep 15, 2022

Officer didn’t use excessive force during arrest

Where a man was actively resisting arrest and the officers reasonably believed he was reaching for a weapon, it was not unreasonable to place plaintiff on the ground to employ a device that immobilized his legs. Background Dedric Lattimore, brought this case alleging defendant, officer DeAvies, used excessive force against him when he was taken […]

Jul 20, 2022

Access to database didn’t violate CFAA

Where a company asserted a claim under the Computer Fraud and Abuse Act, or CFAA, based upon the alleged unauthorized access of its database by its opponent, the opponent was granted summary judgment. Certain sections of the database were open to the public, the company authorized individuals to access other sections and the access stopped […]

Apr 28, 2022

Air traffic controller’s retaliation suit barred

Where an air traffic controller previously sued the Federal Aviation Administration, or FAA, alleging that a training disparity was the result of sex discrimination, and the FAA prevailed, res judicata barred his new suit alleging the same conduct was the result of retaliation. Background Plaintiff entered on duty with the FAA on Aug. 5, 2009. […]

Mar 14, 2022

High school’s admission requirements unconstitutional

Where a change to the admission requirements of a highly-selective high school had a substantial disparate impact on Asian American students, racial balancing is not a compelling interest and the school board’s actions were not narrowly tailored, the new admission requirements are unconstitutional. Background In fall 2020, the Board of Thomas Jefferson High School for […]

Feb 8, 2022

Gas station escapes from slip-and-fall suit

Where a gas station placed a sign warning customers about a wet floor, the water was open and obvious and it wasn’t clear if the wet floor or outside rain were the reason for a slip-and-fall, the gas station prevailed at summary judgment on a personal injury claim. Background Sophia Admassu brought this case against […]

Jan 11, 2022

Lack of evidence dooms trade secret claims

Where one government contractor alleged a competitor misappropriated trade secrets in order to create a copycat website, but there was no evidence that the defendant government contractor directly shared trade secrets or acquired trade secrets through improper means, the defendants prevail on the trade secrets claims. Background OSI Systems Inc. brought this trade secrets case […]

Sep 30, 2021

Supervisor not liable for lapse in hormone injections

Where a transgender detainee alleged a nurse practitioner was liable for the cessation of her hormone injections while she was incarcerated at the Fairfax County adult detention center, her claim was dismissed because there were no allegations showing the nurse’s deliberate indifference or tacit approval of the missed treatments. Background Plaintiff is a transgender woman […]

Jul 12, 2021

Sheriff’s transgender policy dooms gross negligence claim

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 department policy evidenced some degree of care. Background Plaintiff is a transgender woman who has […]

Jun 29, 2021

Foreclosure challenge properly removed to federal court

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, federal question jurisdiction allowed removal to federal court Background In April 2010, plaintiffs executed a […]

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