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Entries Tagged as 'Discovery'

File pass-off can’t pump fee award

April 3rd, 2008 · Comments Off · Attorney's fees, Discovery

As March Madness wanes, like a hoopster’s fadeaway jumper, indulge us please in one more basketball reference. We can’t let a good one get away.
Charlottesville’s U.S. Magistrate Judge B. Waugh Crigler already had decided to award fees to lawyers for Pacel Corporation in Calkins v. Pacel Corp. for its opponent’s violation of federal discovery rules [...]

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Game on? Judge not happy over discovery

August 10th, 2007 · Comments Off · Civility, Discovery

Pretrial discovery can be a matter of strategy, and some lawyers even approach it as a game.
But one circuit judge in Norfolk isn’t pleased with what he saw as game-playing in a medical-malpractice case. In Oakley v. Warren, Judge Everett A. Martin Jr. reamed both plaintiff’s and defense lawyers, resorting to elementary school terms. [...]

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Discovery: voice-mail recording admissible

April 18th, 2007 · Comments Off · Discovery, Loudoun County

What happens when a speaker leaves a voice-mail message for an attorney, whose recording device doesn’t shut off?
The message left on the machine can come into evidence in a real estate case, according to Loudoun County Circuit Judge Thomas D. Horne. In Pacific Century Development & Realty Inc. v. Wheatland Farms LLC (VLW 005-8-197), a [...]

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Experts’ reports

March 15th, 2007 · Comments Off · Discovery, Experts

A discovery ruling in a black lung case may have ramifications for protecting work-product and confidential communications in other kinds of litigation.
Elm Grove Coal Company was trying to overturn black lung benefits awarded to a retired miner named Ivan Blake. The two physician experts who supported Blake’s claim admitted that Blake’s lawyer might have [...]

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