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Tag Archives: Evidence

‘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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Experience with different gunpowder did not disqualify expert (access required)

Despite the fact that the defendant’s expert had more experience with a different gunpowder than the one used in this case, the expert was allowed to offer his opinion regarding the cause of the firearm explosion because his testimony offered ...

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Lacking special expertise, expert could opine on design defect (access required)

A metallurgical engineering expert’s lack of specific expertise in firearms did not preclude his testimony that the defendant’s choice of steel caused the plaintiff’s firearm to malfunction because any objections to the expert’s conclusions could be challenged on cross-examination. Background ...

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Jury may hear about decedent’s pain and suffering (access required)

A jury is poised to hear potentially powerful evidence about the decedent’s death and her minor children’s observation of that scene. Such testimony, a court ruled, may enable the jury to estimate the mental anguish of the beneficiaries. Background Defendants ...

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