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Tag Archives: Evidence

New counsel must ensure compliance with discovery (access required)

Where the defendant produced only four documents in response to plaintiff’s requests for production, and the plaintiff identified documents that should have been produced but were not, the defendant’s new counsel must ensure his client’s compliance with the federal rules. ...

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Attorneys must pay fees incurred for motion to compel (access required)

Where a defendant was forced to file a motion to compel a credit report from a reporting agency after the plaintiff’s attorneys refused to consent to its production, the defendant was entitled to recover reasonable attorneys’ fees and costs. Because ...

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‘Disproportionate’ discovery sanctions rejected (access required)

Although the defendant was ordered to respond to long-overdue discovery, the sanctions requested by the plaintiff, including striking of a counterclaim and affirmative defenses, were disproportionate. As the pandemic likely made discovery more difficult and the parties are still litigating ...

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Lawyers for Unite the Right defendant must answer subpoenas (access required)

Two attorneys who represented a defendant in state-court criminal proceedings related to a Unite the Right rally failed to quash subpoenas served on them by plaintiffs. The subpoenas did not seek privileged documents, did not require conduct in violation of ...

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Expert’s damages opinion excluded as illogical and unreliable (access required)

An opinion about the damage caused by the loss of marketability of real property, during and after construction of a natural gas pipeline, was unsupported by any facts or data and relied on an inaccurate measure of damages. Background Mountain ...

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Delay in pursuing return of privileged document is fatal (access required)

County officials could not claw-back a purportedly privileged report prepared during an internal investigation because any privilege or protection was waived by the county’s significant delay in attempting to retrieve the files after learning they had been given to plaintiff’s ...

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