Emails prepared in response to possible litigation were not covered by the work product doctrine because they did not involve investigation of the claim or development of legal strategy, and were not part of a coordinated defense strategy with the ...

Tagged with: Evidence Judge Robert S. Ballou U.S. District Court - Western District

In a trial over damages for land taken for an easement required for construction of a natural gas pipeline, the landowners’ expert may testify about the high demand for residential subdivisions, but cannot testify about the stigma attached to pipelines, ...

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

Disputes over expert testimony and other evidentiary issues were resolved in advance of a trial over damages arising from the construction of a bridge over Interstate 81. Background This matter is before the court on the seven pretrial motions submitted ...

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

In a case involving a company that posts bonds for those being held in immigration detention centers while they await court cases, disputes over the scope and sensitivity of discovery requests were resolved. Background This matter comes before the court ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

Documents and information about third-party trademark use and CFA Institute’s efforts to protect its marks are relevant in a trademark infringement suit against the American Society of Pension Professionals and Actuaries, although the discovery requests must be limited for proportionality ...

Tagged with: Evidence Judge Robert S. Ballou U.S. District Court - Western District

Where a registered nurse criticized the plaintiff’s life care plan, her testimony was allowed because it did not require a physician’s review, concerns of prejudice were mitigated by the bench trial and her methodology was sufficiently reliable. Additionally, where the ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

Although the expert’s report was not signed, did not list any publications, did not list his compensation, his list of prior cases was not current and his report was “brief,” the motion to exclude his testimony was denied because the ...

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

Where the parties are scheduled for trial on just compensation owed to a landowner for property taken for an interstate natural gas pipeline, multiple pretrial motions over experts and other evidentiary issues were resolved. Background Plaintiff Mountain Valley Pipeline, or ...

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

A high school student’s interview in his associate principal’s office that included the associate principal, a police detective and a school resource officer acting as the student’s translator was not a custodial interrogation, so no Miranda warnings were required. His ...

Tagged with: Evidence Judge Jean Harrison Clements Virginia Court of Appeals

Where the record showed the testimony of a wife’s rebuttal experts was intended to respond to arguments made by the Veterans Administration experts about the cause of her husband’s death, the rebuttal experts would be allowed to testify at the ...

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