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Tag Archives: Discovery

Discovery allowed in case with punitives (access required)

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A plaintiff in a malicious prosecution case with a demand for punitive damages is entitled to discovery of the defendant’s net worth, a Virginia circuit judge has ruled. A defendant’s assets can be used as both a sword and shield ...

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Fairfax adopts model criminal discovery order (access required)

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Basic criminal discovery procedures adopted by circuit judges in Fairfax County could inspire similar model discovery orders for courts around the state as criminal justice lawyers adjust to a new set of rules. The Fairfax judges distributed a model discovery ...

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EDVA: Plaintiff’s “unclean hands” irrelevant to antitrust relief (access required)

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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WDVA: Oral “settlement” no basis to refuse discovery (access required)

A settlement agreement allegedly procured by the defendant’s “debt negotiator” will not be enforced, and the defendant must produce responsive documents in compliance with the court’s most recent discovery order. Background Plaintiff Innotec LLC sued Defendant Visiontech Sales and its ...

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WDVA: VDOC sanctioned for unprepared deponents (access required)

In a case brought by an autistic man for alleged mistreatment in prison, the Virginia Department of Corrections acted in bad faith by failing to adequately prepare organizational witnesses under FRCP 30(b)(6). Background Plaintiff Reginald Latson has moved to compel ...

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WDVA: Motion to compel caught in procedural labyrinth (access required)

Scheduling emails with a transferring judge’s chambers justified reconsideration of the plaintiffs’ motion to compel, initially denied on the court’s belief that the failed to set it for hearing, as well as the defendants’ motion for summary judgment. Background This ...

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