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Judge T.S. Ellis III

Jun 24, 2016

Reinstated student wins attorney’s fees

A male student who won reinstatement to George Mason University after his expulsion for sexual misconduct and violation of a student speech code has won attorney’s fees and costs of $278,531. The Alexandria federal court that awarded the fees highlighted the plaintiff’s lawyers’ extensive efforts to settle the case as a reason not to trim […]

Jun 20, 2016

Billing for Underqualified Employees States FCA Claim

A plaintiff who worked for defen­dant defense contractor in Iraq under a Worldwide Protective Services contract as a deputy project manager of opera­tions for the Baghdad Embassy Securi­ty Force Project states a False Claims Act claim with allegations that he was fired in retaliation for reporting the contractor’s practice of keeping person­nel in the highest […]

Jun 20, 2016

Lawyer Faces Reciprocal Discipline by PTO

A Missouri lawyer whose law license was suspended indefinitely by the Su­preme Court of Missouri cannot over­turn an order of the U.S. Patent and Trademark Office imposing identical reciprocal discipline pursuant to 35 U.S.C. § 32; the Alexandria U.S. District Court upholds the decision, despite the fact that the Virginia State Bar did not impose […]

Jun 13, 2016

Debtor Can’t Discharge Tax Debt

A Chapter 13 debtor who failed to file state income tax returns for certain years cannot reopen her bankruptcy case after the Virgin­ia Department of Taxation attempts to collect her delinquent state taxes; the Alexandria U.S. District Court affirms the bankruptcy court’s denial of debtor’s claim that defendant violated the discharge injunction because she failed […]

Jun 6, 2016

Client Owes Lawyer for Improper Removal

An Alexandria U.S. District Court up­holds a magistrate judge’s order requiring plaintiff lawyer’s client to pay plaintiff $3,325.75 in actual expenses, including attorney’s fees, for the client’s improper removal of the lawyer’s collection action to federal court after it had been remanded to state court. Plaintiff lawyer sued defendant in state court for breach of […]

Jun 6, 2016

FCA Suit Dismissed Under First-to-File Rule

A relator’s False Claims Act suit al­leging defendant Unisys hired employ­ees who were unqualified to work on contracts to provide the U.S. Army with world-wide radio-frequency identification network services (RFID) in Europe and Africa under Task Order 122, an Alexan­dria U.S. District Court dismisses the suit for failure to state a worthless services claim and […]

May 30, 2016

Plaintiff Can’t Force DHS to Share Docs

A plaintiff who is facing Virginia state court charges for possession of child pornography cannot challenge defendant Department of Homeland Security’s invocation of Touhy reg­ulations to refuse to disclose documentary and testimonial information related to DHS’ in­vestigation of plaintiff; an Alexandria U.S. Dis­trict Court says the proper means of raising plaintiff’s constitutional clai[...]

May 20, 2016

No Time-Served Credit for Mistaken Release

A defendant sentenced to 15 days in cus­tody for possession of marijuana in viola­tion of his supervised release conditions, but who was erroneously released after five days, is not entitled to time-served credit for the 10 days he was at liberty; applying factors developed under the rule of credit for time at liberty, the Alexandria […]

May 20, 2016

Cell Phone Seizure at Airport Upheld

An Alexandria U.S. District Court denies defendant’s motion to suppress evidence from defendant’s cell phone, seized as de­fendant, a Turkish citizen who came to the U.S. on a B2 visitor visa and who reported­ly had firearms parts in his luggage, was about to board an airplane to leave the U.S.; the manual search conducted at […]

May 2, 2016

Officer Must Return to U.S. for Deposition

A Costco customer who alleges Costco gave police false information that plain­tiff and her husband committed fraud in returning flooring purchased at Costco, resulting in their arrests, can take the deposition of a former police officer who also was sued in plaintiff’s earlier com­plaint, and who now works for a defense contractor in a foreign […]

Apr 25, 2016

Firm Gets Higher Costs Under Fee Contract

On remand from a 4th Circuit decision vacating an award of $1.2 million in attor­ney’s fees and $720,622 in costs in these international business tort cases involving tire manufacturers’ trade secrets, the Al­exandria U.S. District Court re-evaluates the fee request under quantum meruit principles and awards the firm the same amount of attorney’s fees but […]

Apr 18, 2016

Costco Faces Customer ‘Malicious Prosecution’ Suit

A couple who allege they followed defen­dant Costco’s instructions to take advantage of a reduced price for $1,000 of new flooring they purchased from Costco, only to face ar­rest after Costco told police the couple had committed fraud, including the arrest of wife after husband’s case had been dropped, so that she had to spend […]

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