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.
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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) [...]