Where an ISIS member participated in a conspiracy that resulted in the 2014 deaths of hostages in Syria so that they were unavailable for criminal proceedings, out-of-court statements by the decedents were permitted under the forfeiture by wrongdoing hearsay exception. ...

Tagged with: Evidence Judge T.S. Ellis III U.S. District Court - Eastern District

Where an auto parts warehouse distributor sought to introduce a presentation by plaintiff, an automotive parts supplier, that discussed the results of the supplier’s annual audit of its business practices at trial, the presentation was excluded because the audit evidence ...

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

Where a jury is to decide the compensation due to landowners whose property was acquired as part of an easement for construction of an interstate natural gas pipeline, evidence of fear and stigma, and claims that the property was dangerous ...

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

A judge has denied a request from the Fairfax County Police Department to issue a “geofence” search warrant in a motel shooting case. Such a warrant would allow a police department to request for Google to list any cellphones active ...

Tagged with: Evidence Fairfax County Circuit Court Geofencing Judge David A. Oblon

Where defendants moved to retroactively designate documents as “attorneys eyes only” that showed one individual’s stake in non-party companies, his email address and payments made to him by other defendants, their motion was rejected because the information did not match ...

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

Where Eli Lilly subpoenaed Novartis in the Eastern District of Virginia seeking discovery for use in European patent disputes between the parties, but Novartis neither “resides” in nor “is found” in this district, the request was denied. Background Eli Lilly ...

Tagged with: Evidence Judge T.S. Ellis III U.S. District Court - Eastern District

Where a woman was terminated on the suspicion that she smuggled contraband into a Virginia Department of Corrections, or VDOC, facility, but she claimed that what appeared to be contraband was a tampon, the VDOC expert may testify that the scan ...

Tagged with: Evidence Judge Thomas T. Cullen U.S. District Court - Western District

Even though incarcerated persons interviewed about safety following a stabbing were questioned in a separate location, isolated from the general prison population, restrained and not advised that they were free to leave, because of the totality of the circumstances, including ...

Tagged with: Evidence Judge James P. Jones U.S. District Court - Western District

Where former corporate officers who were sued for an alleged unlawful online lending scheme claimed privilege over documents between the company and its counsel, the argument was denied because the privilege was lost when control of the company passed to ...

Tagged with: Evidence Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the evidence suggested the corporate plaintiff has a history of forging signatures on documents, but the defendants failed to show it did so in this case, with respect to these defendants there was no fraud committed on the court. ...

Tagged with: Evidence Judge Thomas T. Cullen U.S. District Court - Western District