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Tag Archives: Evidence

Expert testimony regarding diminished market value excluded (access required)

In an action to determine just compensation for the taking of certain property for the construction of a natural gas pipeline, where landlords were unable to offer testimony regarding the diminished market value of their property, the motion to exclude ...

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‘Deliberative process’ privilege rejected (access required)

In a lawsuit challenging policies governing servicemembers living with the human immunodeficiency virus, the court held the plaintiffs were entitled to the vast majority of documents withheld by the government on the basis of a “deliberative process” privilege because, among ...

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Witness couldn’t be expert because of clear bias (access required)

A witness who has a “direct financial interest” in the outcome of the case has a “clear bias” that precludes him from testifying as an expert witness. Background David Steffens, along with Williams Ellis, founded Keystone Transportation Solutions LLC, and ...

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Late expert disclosure was not ‘supplementation’ (access required)

A plaintiff who argued for inclusion of late “supplementation” of its earlier expert disclosure will not be allowed to rely upon the expert’s new opinions, as the “supplementation” was, in reality, untimely new opinions that would prejudice the defendant. Background ...

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VFOIA closed-door discussion not automatically privileged (access required)

Although the Virginia Freedom of Information Act allows closed-door meetings to discuss confidential employment matters, there is no privilege that would automatically protect those discussions from discovery in federal court litigation. Background This matter comes before the court on defendant ...

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