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Feb 1, 2022

Eli Lilly denied discovery for use in foreign proceeding

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 and Novartis are currently litigating a patent dispute in various European courts. In addition to […]

Jan 11, 2022

Experts may testify about what body security scans reveal

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 contained an anomaly consistent with contraband and inconsistent with a tampon. The plaintiff’s expert may […]

Dec 2, 2021

Inmates weren’t ‘in custody’ during prison interview

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 the brevity of the interviews and the administrative purpose for holding them, the prisoners were […]

Nov 1, 2021

Corporate officers can’t claim privilege over documents

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 new management. If the company believed the documents were privileged, it could intervene to assert […]

Sep 6, 2021

Defendants fail to establish documents were forged

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. Background After defendants Sigora Solar LLC, Raven Stephens and Brian Ventura raised credible allegations that […]

May 25, 2021

Burdens shift in fraudulent conveyance case

Where plaintiff established a presumption of a fraudulent conveyance, the trial court erred by ruling that only the burden of production, but not the burden of persuasion, shifted to defendants to overcome the presumption. “On this issue of first impression, we agree with [plaintiff’s] position that a presumption of fraudulent conveyance, created upon the proof […]

May 25, 2021

New counsel must ensure compliance with discovery

Where the defendant produced only four documents in response to plaintiff’s requests for production, and the plaintiff identified documents that should have been produced but were not, the defendant’s new counsel must ensure his client’s compliance with the federal rules. Background This matter is before the court on plaintiff’s motion to compel discovery from defendant […]

May 6, 2021

Lawyer’s failure to meet dooms part of fee claim

Where the plaintiff’s attorney failed to meet and confer regarding Walmart’s failure to respond to certain interrogatories before filing his motion to compel, he violated Fed. R. Civ. P.37 (a) and E.D. Va. Local Civil Rule 37(E). Although the requested discovery was provided after the motion to compel was filed, suggesting it was meritorious, attorneys’ […]

Oct 12, 2020

Attorneys must pay fees incurred for motion to compel

Where a defendant was forced to file a motion to compel a credit report from a reporting agency after the plaintiff’s attorneys refused to consent to its production, the defendant was entitled to recover reasonable attorneys’ fees and costs. Because the conduct was not attributable to the plaintiff but rather to her attorneys, they are […]

Oct 5, 2020

Investment firm fails to compel documents from attorney

Where an attorney is advising parties on a pro bono basis, involved in pending litigation, he will not have to respond to a subpoena from one of the parties to that same litigation as the subpoenaing party must first show that (1) no other means exist to obtain the information, (2) the information sought is […]

Jul 9, 2020

‘Disproportionate’ discovery sanctions rejected

Although the defendant was ordered to respond to long-overdue discovery, the sanctions requested by the plaintiff, including striking of a counterclaim and affirmative defenses, were disproportionate. As the pandemic likely made discovery more difficult and the parties are still litigating various motions, the plaintiff’s motion for sanctions and expenses was rejected. Background This matter is [...]

Jul 1, 2020

Lawyers for Unite the Right defendant must answer subpoenas

Two attorneys who represented a defendant in state-court criminal proceedings related to a Unite the Right rally failed to quash subpoenas served on them by plaintiffs. The subpoenas did not seek privileged documents, did not require conduct in violation of the Virginia Rules of Professional Conduct and were not contrary to court orders. Background Denise […]

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