Counsel deleted: Battle over erased data leads to lawyer’s disqualification 
By Peter Vieth
Published: October 15, 2012
Tags: Employment, Evidence, Fairfax County Circuit Court, Judge Charles James Maxfield, Technology
An attorney accused of destroying telltale “metadata” on two computer thumb drives has been yanked from a $20-million case right before a scheduled two-week trial. The disqualification of an employment rights lawyer and her Reston law firm highlights the peril for lawyers handling computer data.
Bank Fraud Evidence Admissible
By Deborah Elkins
Published: February 13, 2012
Tags: Evidence, Judge Robert G. Doumar, U.S. District Court - Eastern District
In a grain dealer’s unfair trade practice action against bank, the Norfolk U.S. District Court allows evidence of grain dealer’s bank fraud conviction and bankruptcy over 20 years ago to impeach grain dealer and on the issue of causation of dealer’s inability to obtain alternate financing for its 2008 margin call, but reserves decision on [...]
Spoliation Instruction for Missing Video
By Deborah Elkins
Published: February 13, 2012
Tags: Evidence, Judge Robert G. Doumar, U.S. District Court - Eastern District
In a slip-and-fall negligence action against a grocery store, the Norfolk U.S. District Court held that the 85-year old victim should have the benefit of a jury instruction that the video the store erased would have been adverse. Plaintiff slipped and fell while shopping at defendant grocery store in June 2010. That same month, victim’s [...]
Victim’s Prior Consistent Statement Admissible
By Deborah Elkins
Published: November 10, 2011
Tags: Evidence, Justice Charles S. Russell, Supreme Court of Virginia
At defendant’s trial for forcing a woman, whom he knew from his having repaired her family’s vehicles, in an act of oral sex, there was no error in admission of the woman’s prior consistent statements about not having seen a gun, but having heard a gun click, in response to an assertion the woman had [...]
Transcript Use Not Improper Impeachment
By Deborah Elkins
Published: November 10, 2011
Tags: Evidence, Justice S. Bernard Goodwyn, Supreme Court of Virginia
At trial of plaintiff’s suit for injuries from an auto accident, including shoulder injuries, defendant’s use of a transcript of plaintiff’s telephone conversation reporting injuries to defendant’s insurance carrier that did not include mention of a shoulder injury, did not violate Va. Code § 8.01-404, the Supreme Court of Virginia says. Plaintiff contends the circuit [...]
No Spoliation Inference From Missing Videotapes
By Deborah Elkins
Published: July 20, 2011
Tags: Evidence, Judge Pamela Meade Sargent, U.S. District Court - Western District
In this lawsuit filed by three former therapists at Marion Youth Center who allege race and gender discrimination and violations of the federal False Claims Act by submission of false claims to the Virginia Medicaid Program, the Abingdon U.S. District Court magistrate judge refuses to allow an “adverse spoliation inference” against defendants for their failure [...]
Aerial Photo Not ‘Hearsay’ in Drug Case
By Deborah Elkins
Published: January 20, 2011
Tags: Evidence, Judge William G. Petty, Virginia Court of Appeals
An aerial photograph used to show that defendant had heroin within 1,000 feet of the boundary of school property was not inadmissible hearsay, and the Court of Appeals upholds defendant’s conviction under Va. Code § 18.2-255.2. The officer used an aerial photograph of the Brighton Elementary School property and surrounding area to measure the distance [...]
Evidence – Hearsay – Rule 807 – Business Records
By Deborah Elkins
Published: October 13, 2010
Tags: Evidence, Judge James P. Jones, U.S. District Court - Western District
In a suit by investors against the business manager of their wood products business, an Abingdon U.S. District Court grants defendants’ motion in limine to exclude certain hearsay evidence under the residual exception in Fed. R. Evid. 807. Plaintiffs, investors in a wood products business, claim their business manager and his wife (and related entities) [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdict & Settlement Report
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
