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Judge Claude M. Hilton

Jul 9, 2020

Attorneys’ fee reduced by half

Where an employer persuaded the court to order return of documents retained by an employee after his termination, but the court found the employer was not harmed by the retention, the employer’s decision to reduce the claimed attorneys’ fees by 50% was approved by the court. Background On Oct. 23, 2019, the court partially granted […]

Feb 21, 2020

Prevailing FLSA plaintiff awarded fees and costs

Although a restaurant worker accepted an offer of judgment of $6,500 just six weeks after he filed his complaint for nonpayment of overtime wages, the time incurred by his attorneys was reasonable, as were their rates of $495 and $460 per hour, so the early resolution of the suit did not preclude recovery of reasonable […]

Feb 21, 2020

Record supports denial of long-term disability benefits

Aetna did not abuse its discretion in denying an employee’s request for long-term disability benefits following a car accident. Although the employee initially received short-term benefits, subsequent examinations by both treating and independent medical professionals concluded she was capable of working in her sedentary job as a financial analyst. Background Plaintiff was formerly employed by [[...]

Feb 17, 2020

Race bias claim against aerospace contractor fails

Where the employee did not apply for a position, did not suffer an adverse em­ployment action despite his performance warning and did not demonstrate that other similarly situated employees out­side the protected class were treated dif­ferently or that the contractor’s stated reasons were pretext for discrimination, the contractor prevailed on the race dis­crimination claims. Background [&he[...]

Feb 17, 2020

Temporary stay in son’s home didn’t trigger his coverage

Where the mother of the insured son was staying with him for two weeks at the time she struck and killed a pedestrian while driving his car, the son’s home was not her “primary residence” and she was not entitled to coverage under his policy. Background On Dec. 1, 2016, Karin Sheire was driving her […]

Feb 16, 2020

Following remand, ex-employee’s complaint dismissed again

Where the Fourth Circuit remanded certain claims made by an employee terminated by the Army Contracting Command that were previously dismissed for further consideration, those claims were dismissed again for a variety of reasons, including res judicata, failure to state a claim, collateral estoppel, lack of jurisdiction and failure to exhaust administrative remedies. Background On […]

Dec 30, 2019

School board did not discriminate against teacher

Where a pre-K special education teacher was not meeting the expectations of the Arlington County School Board, no adverse employment action was taken against him and he did not show he was treated differently from similarly situated employees outside of his class, summary judgment was granted to the school board. The teacher also did not […]

Dec 13, 2019

Officer not liable for prolonged traffic stop

Where a driver was detained by an officer because the driver’s signature on the traffic summons did not match the signature on his license, the officer was entitled to immunity against the driver’s subsequent suit because the “arrest” was supported by Virginia law and any mistake by the officer was reasonable. Background This suit arises […]

Dec 9, 2019

USPS prevails in discrimination suit

Where a current postal employee failed to identify similarly situated employees who were treated differently, failed to prove a causal connection between his protected activity and adverse employment action and failed to rebut the United State Postal Service’s legitimate reasons for its decisions, summary judgment was granted to the USPS. Background Plaintiff, a male employee […]

Dec 4, 2019

Not hiring two-time applicant was not discrimination

Where a job applicant failed to present evidence that his race was the reason he was not hired for the first position, and where the company’s decision to not hire him for the second position was made before it had notice of any protected activity, his discrimination and retaliation claims failed as a matter of […]

Dec 4, 2019

Employee’s poor performance dooms bias claims

Where the evidence showed the employee’s unprofessional behavior and poor performance failed to meet the legitimate expectations of her employer, the employer prevailed on claims of religion, sex, age and disability discrimination. Background Plaintiff worked for defendant between 2009 and 2016. Plaintiff alleges she was subject to discrimination on the basis of her religion, sex, […]

Dec 4, 2019

Ex-employee must return data, no damages for company

Where a company did not show it was damaged by an employee who breached his employment contract by retaining company documents after his termination and was ordered to return them, the company recovered no monetary damages. Background Defendant Christopher Steinke used to work for PS Solutions Inc. Throughout his employment, Steinke periodically copied his PS […]

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