Where plaintiff established a presumption of a fraudulent conveyance, the trial court erred by ruling that only the burden of production, but not the burden of persuasion, shifted to defendants to overcome the presumption. “On this issue of first impression, ...

Tagged with: Evidence Justice S. Bernard Goodwyn Supreme Court of Virginia

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. ...

Tagged with: Evidence Judge Joel Hoppe U.S. District Court - Western District

Where the plaintiff’s attorney failed to meet and confer regarding Walmart’s failure to respond to certain interrogatories before filing his motion to compel, he violated Fed. R. Civ. P.37 (a) and E.D. Va. Local Civil Rule 37(E). Although the requested ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District

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 ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where an attorney is advising parties on a pro bono basis, involved in pending litigation, he will not have to respond to a subpoena from one of the parties to that same litigation as the subpoenaing party must first show ...

Tagged with: Evidence Judge Glen E. Conrad U.S. District Court - Western District

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 ...

Tagged with: Evidence Judge Theresa C. Buchanan U.S. District Court - Eastern District

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 ...

Tagged with: Evidence Judge Joel Hoppe U.S. District Court - Western District

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 ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Evidence Judge Norman K. Moon U.S. District Court - Western District

The newspaper lost its motion to quash a subpoena for a recording of an interview with the defendant in a suit brought by teachers. The information was relevant to the claims and could not be obtained by alternative means, there ...

Tagged with: Evidence Judge Robert E. Payne U.S. District Court - Eastern District