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Judge Rossie D. Alston Jr.

Jul 25, 2023

SEC’s search for documents was inadequate

Where the Securities and Exchange Commission, or SEC, limited the scope of its search in response to requests under the Freedom of Information Act, its search was inadequate. Background On Aug. 13, 2021, the SEC received a Freedom of Information Act, or FOIA, request from Empower Oversight Whistleblowers & Research. Generally, the requests sought information […]

Jul 17, 2023

Default denied in cybersquatting suit

The Eastern District of Virginia refused to grant default judgment in a cybersquatting case where the plaintiff failed to sufficiently allege that website registrants had a bad faith intent to profit when they misused the plaintiff’s trademarks to attack its business.

Jul 7, 2023

OK for officials to place detainee in segregation

Where a detainee alleged that he was improperly placed in restrictive housing after his cellmate made a false allegation of prison rape, his claim was dismissed. The prison followed established operating procedures and federal regulations in segregating the detainee from his cellmate and placing him in isolation pending an investigation into the allegation. Background Patrick […]

Jul 7, 2023

Detainee’s due process are claims dismissed

Where a detainee alleged he was given sandwiches instead of a regular meal, and that he was not provided with his medical records, but he failed to link these allegations to any constitutional right, his Due Process claims were dismissed. Background Louis Simone Ashford, a Virginia detainee, filed a pro se complaint pursuant to 42 […]

Jul 4, 2023

Substantial evidence supports denial of benefits

Where the Social Security Administration determined that a man who had been receiving supplemental social security income since he was nine, because of his sickle cell disease and associated pain, was no longer eligible for such benefits after he turned 18, and its decision was supported by substantial evidence, it was affirmed. Background Daton Bumbrey […]

Jul 4, 2023

Deliberate indifference claim against nurse dismissed

Where a detainee asserted a claim for deliberate indifference arising out of an incident in which corrosive cleaning agent allegedly came in contact with his left eye, but there was no allegation of substantial harm to the eye, which was treated almost immediately by medical personnel, the claim was dismissed. Background Jaxon Reyes Chavez, a […]

Jul 3, 2023

Whistleblower claim barred by res judicata

Where a man previously claimed his termination by a government contractor constituted discrimination and retaliation, and the contractor prevailed on those claims, res judicata barred the man’s new complaint that the same conduct was in retaliation for his alleged whistleblowing activity. Background Floret Ikome joined SRA International Inc. on July 1, 2015. On Nov. 30, […]

Jul 3, 2023

Majority of trademark claims are dismissed

Where American Airlines sued defendants for multiple claims arising out of their alleged improper use of American Airlines’ trademarks, but it failed to show defendants used its marks, a counterfeit mark or a similar mark, the majority of its claims were dismissed. Background American Airlines Inc. sued Dream Fly Inc. and Sanjay Shastri for trademark […]

Jul 3, 2023

Lack of intent to profit dooms cybersquatting claim

Where the pleaded facts did not show that the defendant intended to profit from its alleged improper use of the plaintiff’s trademark on its website, the plaintiff’s motion for default judgment on its cybersquatting claim was denied. Background Plaintiffs, Getir U.S. Inc. and Getir Perakende Lojistik A.S. offer “on-demand speedy delivery service for grocery items” […]

Jun 22, 2023

Attempt to enjoin firearm regulation fails

Where a man sought a nationwide injunction against a final rule promulgated by the ATF regarding the definition of “rifle,” but he failed to show a likelihood of success on the merits of his constitutional and administrative claims, his motion was denied. Background Congress enacted the National Firearms Act of 1934, or NFA, in an […]

Jun 6, 2023

Unjust enrichment claim remains a ‘live dispute’

Where a party argued there was no longer a justiciable Article III case or controversy following the court’s prior opinion, but the court found there was still a “live dispute” over whether the plaintiff unjustly enriched itself, the plaintiff’s motion to dismiss was denied. Background Therese Harmon, as trustee for the Harmon 1999 Descendants’ Trust, […]

May 23, 2023

Unpaid overtime lawsuits severed for trial

Where two lawsuits involving alleged unpaid overtime were previously consolidated for discovery and pretrial purposes, they will now proceed to separate trials. Separate trials promote convenience, minimize the risk of prejudice to all parties and promote judicial expedition and economy. Background These cases involve lawsuits from 10 of defendants’ current or former employees. Five of […[...]

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