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Sep 25, 2023

Experts excluded in condemnation damages suit

Where two of the landowners’ experts in a condemnation damages suit provided opinions that were unreliable, and a third expert failed to provide a required report, they were excluded from the trial. Background Mountain Valley Pipeline, or MVP, is constructing an interstate natural gas pipeline. MVP commenced a condemnation action under the Natural Gas Act […]

Sep 6, 2023

Defendants can’t call witnesses, introduce docs

Where defendants proposed calling witnesses and introducing documents at an evidentiary hearing on damages that they never identified in their initial disclosures, and the failures were not substantially justified or harmless, the defendants were prohibited from calling the majority of their witnesses and using any of the documents at the hearing. Background This case is […]

Medical staff performing CPR on dummy
Jul 31, 2023

University’s student records discoverable

A university must hand over educational records about other students to a former student so he can determine if they are valid comparators to prove his claims of racial and disability discrimination, according to a ruling from the Western District of Virginia.

Jul 18, 2023

University must produce student educational records

Where a former student alleged his dismissal from a university was for discriminatory reasons, the university must produce educational records about misconduct of other students so that the court and plaintiff can determine if the other students are valid comparators against. Background John Doe brings claims for racial discrimination, disability discrimination and defamation arising out […[...]

Evidentiary exhibits
Jun 12, 2023

Plaintiff prevails after evidentiary battles

A jury in the Western District of Virginia has awarded $3.5 million to a woman injured in a tractor-trailer accident after the parties narrowed the evidentiary road with several motions being heard in the days leading up to trial. The defense admitted liability but contended that the plaintiff’s injuries either weren’t as bad as she […]

Jun 1, 2023

Jury can see crash video in accident suit

Where a woman sued for injuries she suffered in a motor vehicle accident involving a tractor trailer, the defendant’s attempt to prevent the jury from seeing a 12-second-long video clip, apparently recorded from inside the truck’s cabin that shows the vehicles colliding, was denied. The evidence was relevant to the issue of resulting injuries and […]

May 15, 2023

Scope of expertise exceeded: Court tosses life care planner’s report

A life care planner’s expert report was excluded from an auto accident trial after a federal judge ruled that the planner rendered medical opinions that she was not qualified to in her report. U.S. District Judge Thomas T. Cullen handed down the opinion in Norman v. Leonard’s Express Inc. (VLW 023-3-219) for the U.S. District […]

May 9, 2023

Life care planner’s expert report excluded in suit

Where a life care planner selected which medications, treatments, therapies or modalities she believed an injured party would require in the future, she was rendering medical opinions without sufficient medical grounding or expert support. Her expert report was excluded as a result. Background This case arises from a serious motor vehicle accident between Yvette Norman […]

May 8, 2023

Trashed: Defendant sanctioned for spoliation of evidence

A federal court granted a motion for sanctions against a defendant truck driver who deleted data on a personal tablet that was mounted on his windshield when an accident occurred. The court found the driver “had a duty to preserve the data on his personal tablet” as “he reasonably anticipated litigation because Plaintiff’s counsel sent […]

May 2, 2023

No substantive changes to testimony via errata sheet

Where a plaintiff attempted to substantively change her deposition testimony via an errata sheet, the errata sheet was stricken. The changes constituted improper substantive revisions that materially altered her testimony. Background This class action litigation centers on the scope of International Service Assessment, or ISA, fees charged by Navy Federal Credit Union for transactions made [&helli[...]

May 2, 2023

Attorney should have objected during depo

Where a party suing over his alleged injuries in an automobile accident argued that questions posed to a witness in that man’s deposition were inadmissible hearsay, but his counsel failed to object to the questions during the man’s deposition, the argument was rejected. Background On Aug. 11, 2018, Judy M. Paul, Andre G.H. Le Doux […]

May 2, 2023

Damages slashed in condemnation suit

Where a jury charged with determining how much landowners were owed for land used for the construction of a natural gas pipeline awarded the landowners $523,327, but this amount was not within the range of credited testimony and was against the clear weight of the evidence, the court slashed the award to $261,033. Background A […]

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