Tag Archives: Judge James A. Wynn Jr.

Plaintiff’s case doomed by her own expert’s testimony (access required)

Where the plaintiff’s own expert during a deposition refused to express her opinion to a reasonable degree of medical certainty that the plaintiff aspi­rated thin liquids, the defect could not be cured with a later-submitted affidavit. Background In this medical ...

Read More »

Air Force enjoined from discharging HIV-positive servicemembers (access required)

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

Read More »

Prisoner is entitled to video evidence of prison incident (access required)

Where the testimony of an inmate and a prison official differed over what took place after officers ordered inmates to stay in their cubicles, the inmate is entitled to potentially exculpatory video evidence of the incident unless the government establishes ...

Read More »

‘Prior publication’ exclusion does not excuse duty to defend (access required)

Where the pleadings in the underlying suit alleged offensive publications were made during the policy period that differed in substance from those published before commencement of coverage, the “prior publication” exclusion did not obviate insurer’s duty to defend. Background In ...

Read More »

Aiding and abetting fiduciary breach claims removed to federal court (access required)

State court class actions on behalf of owners of stock in an electric and gas utility, which alleged that the company’s CEO and board members breached their fiduciary duties by agreeing to a merger with an energy-based utility company and ...

Read More »

Pre-sentence report error did not require resentencing (access required)

Although defendants are not categorically barred from obtaining resentencing pursuant to Rule 36 over a clerical error, the defendant was not entitled to this relief because the clerical error in his pre-sentence report only affected one of his prior convictions ...

Read More »