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Tag Archives: Evidence

CAV: Prior statement was cumulative, corroborated (access required)

Even if a witness’s prior consistent written statement did not meet the standards for admissibility under the applicable hearsay exception, it didn’t affect the jury verdict because it was corroborated by substantial other testimony. Background Appellant Juan Candelaria and Joseph ...

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SCV: Jury should have heard from both valuation experts (access required)

In a takings dispute as to the damage value to the remainder property, the trial court erred in excluding only the government’s appraiser, when the property owner’s expert’s opinion was admitted without a superior basis. Background In 2014, the Commissioner ...

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EDVA: Misappropriation damages present jury issues (access required)

A company seeking damages for misappropriation of trade secrets will be able to offer, through its expert, alternative methods among which the jury can choose to calculate an award. Damage calculations Cross-plaintiff JELD-WEN seeks damages only for Cross-defendant Steves & ...

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Va. Cir.: Terminal owner struggles to prove property values (access required)

The owner of a tract of land housing a marine container terminal challenged municipal tax assessments on both real and personal property. Neither party presented credible expert testimony on real property value, and the court rejected the owner’s calculation of ...

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EDVA: Despite damning email, no spoliation sanctions (access required)

Although the defendant recovered an email advising the plaintiff to destroy relevant evidence, it was not apparent that the plaintiff followed that advice, and the defendant was able to recover most or all electronically-stored information at issue. Background Plaintiff Steves ...

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EDVA: Experience insufficient to qualify expert witness (access required)

In an age discrimination suit, the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field was stricken. Background Plaintiff Angela Georges has sued Defendant Dominion Payroll Services for terminating her ...

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4th Cir.: Feds could use artist promo photo for ID array (access required)

The government didn’t violate due process by showing a kidnapping victim a photo array with the defendant’s image cropped from his music group’s promotional poster, which the victim had seen before. Background In the summer of 2012, two U.S. citizens ...

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4th Cir.: Economic loss rule erases conversion win (access required)

A defendant on the hook for almost $2 million in compensatory and punitive damages for conversion is entitled to judgment as a matter of law, since the plaintiffs’ conversion claim was based entirely on losses covered by the parties’ contract. ...

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EDVA: Experience insufficient to qualify expert witness (access required)

In an age discrimination suit, a federal court struck the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field, but no reliable principles or methods cited. Background Plaintiff Angela Georges ...

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