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Dismissal for Pro Se’s Discovery Abuse (access required)

By Deborah Elkins
Published: September 10, 2012
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An Alexandria U.S. District Court accepts a magistrate judge’s recommendation to dismiss with prejudice a plaintiff’s suit alleging defendant school system “forced” her to leave and discriminated against her on the basis of age by causing her to resign prior to her full retirement, based on plaintiff’s failure to respond to discovery requests. Plaintiff’s pro [...]

Store Customer Loses False Arrest Claim (access required)

By Deborah Elkins
Published: October 28, 2011
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A woman who would not leave a Ross Dress for Less store after she slipped and fell, who refused medical treatment by EMTs who arrived on the scene, and who called police to come and investigate her fall and allegedly would not leave until the store manager gave her $150 and a copy of the [...]

Public Adjuster Docs Protected by Work Product (access required)

By Deborah Elkins
Published: June 8, 2011
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In this litigation over insurance coverage for a shopping center fire, documents prepared by a public adjuster hired by the shopping center to assist in pursuing claims against defendant National Surety are protected by the attorney work product privilege, says a magistrate judge for the Alexandria U.S. District Court. Defendant National Surety Corporation (NSC) subpoenaed [...]

Court Refuses to Vacate or Unseal ‘Twitter Order’ (access required)

By Deborah Elkins
Published: March 17, 2011
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Twitter users, including Dutch and an American computer security specialists and a member of the Icelandic Parliament, lose their bid to persuade a magistrate judge of the Alexandria U.S. District Court to vacate its “Twitter Order” that required Twitter to turn over U.S. subscriber information for certain individuals during the government’s Wikileaks investigation. Petitioners are [...]

Civil Procedure – Discovery – Vague Objections – Motion To Compel (access required)

By Deborah Elkins
Published: August 2, 2010
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Given the breadth of defendant’s objections and defendant’s counsel’s unwillingness to negotiate until after responses to discovery requests are provided, an Alexandria U.S. District Court magistrate judge says plaintiff was justified in bringing this motion to compel. To most of plaintiff’s interrogatories, defendant objects that they are “vague and ambiguous” and “not reasonably calculated to [...]

Search & Seizure – Empty Beer Bottles – Search Of Defendant – Probable Cause (access required)

By Deborah Elkins
Published: March 1, 2010
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A collection of empty beer bottles in the passenger compartment of defendant’s vehicle, in a parking lot off the George Washington Memorial Parkway, did not provide probable cause to allow a ranger to search defendant, who was outside the vehicle with a fishing pole when observed by the ranger, and an Alexandria U.S. District Court [...]

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