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Tag Archives: Evidence

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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Va. Cir.: Discoverable info includes entire care history (access required)

The estate of a nursing-home patient who fell and broke her hip, allegedly due to inadequate care, was entitled to broad discovery of the facility’s patient care records, personnel files, and financial information. Background This is a negligence case brought ...

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CAV: Reference to prior robbery didn’t warrant mistrial (access required)

Despite a pretrial order barring testimony regarding the defendants’ prior robberies, a witness’s brief reference to a “previous” robbery did not explicitly link this robbery to either defendant. The trial court did not err in giving a curative instruction rather ...

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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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Va. Cir.: Driver’s statements to insurer discoverable (access required)

A defendant driver said in his deposition that he couldn’t remember key details of a car crash, but his pre-suit description of the crash to his insurance company was not entitled to work-product privilege. Background Plaintiff Angel Monterrozo was injured ...

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