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Tag Archives: Evidence

Delay in pursuing return of privileged document is fatal (access required)

County officials could not claw-back a purportedly privileged report prepared during an internal investigation because any privilege or protection was waived by the county’s significant delay in attempting to retrieve the files after learning they had been given to plaintiff’s ...

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Access to court documents trumps improper motive (access required)

A non-party’s alleged improper motive in seeking to unseal more than 1,300 pages attached to a motion for summary judgment was insufficient to continue the sealing. The documents were unsealed with personal identifying and financial information redacted. Background On March ...

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Claiming advice of counsel waives privilege (access required)

Where defendants raised advice of counsel as an affirmative defense to a suit alleging they improperly classified their employees, and where they made selective production of documents and produced their attorney for a deposition, they waived attorney-client privilege as to ...

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Scope of experts’ testimony at condemnation trial is clarified (access required)

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, ...

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Expert and evidentiary issues resolved before construction trial (access required)

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 ...

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Bonding company ordered to produce contested documents (access required)

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 ...

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Trademark use and protection efforts key in infringement suit (access required)

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 ...

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