Bethune-Hill v. Va. St. Bd. of Elections, Case No. 3:14cv852, June 26, 2018. EDVA at Richmond (panel). VLW No. 018-3-262, 188 pp. Download Full-Text Opinion

Tagged with: Judge Arenda L. Wright Allen Judge Barbara Milano Keenan Judge Robert E. Payne

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

Tagged with: Business Law Civil Procedure Constitutional First Amendment Judge Robert E. Payne Public Records U.S. District Court - Eastern District

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 & ...

Tagged with: Business Law Evidence Judge Robert E. Payne U.S. District Court - Eastern District

Robert Benedict, the plaintiff, had been employed as a commercial truck driver for a company named Essex Concrete. On Nov. 14, 2014, plaintiff departed on his route for the day, which involved driving a fully loaded cement mixer to a ...

Tagged with: Judge Robert E. Payne Million-Dollar Verdicts Products Liability U.S. District Court - Eastern District

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 ...

Tagged with: Civil Practice Civil Procedure Evidence Judge Robert E. Payne U.S. District Court - Eastern District

A former military police officer sentenced to 15 years for a 2011 fatal shooting while working as a security guard has been freed after a judge concluded he was never told about a “generous” plea offer. The federal judge – ...

Tagged with: Judge Robert E. Payne U.S. District Court - Eastern District

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

Tagged with: Attorneys Criminal Judge Robert E. Payne Sentencing U.S. District Court - Eastern District

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

Tagged with: Civil Procedure Judge Robert E. Payne Negligence Personal Injury Products Liability U.S. District Court - Eastern District

Financial documents submitted to a valuation company and later sought by subpoena were not privileged under either attorney-client privilege or the work-product doctrine. In any event, the defendant’s motion to quash the subpoena was untimely filed. Background This action revolves ...

Tagged with: Business Civil Procedure Corporate Evidence Judge Robert E. Payne U.S. District Court - Eastern District

A drug-trafficking defendant’s conversation with police officers was custodial when police repeatedly implied that they would arrest him that day if he didn’t become an informant, causing him to lose his job. Because these threats constituted a custodial interrogation without ...

Tagged with: Constitutional Criminal Fifth Amendment Judge Robert E. Payne U.S. District Court - Eastern District