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Tag Archives: Judge Robert S. Ballou

Reference to mediation in filing not sanctionable (access required)

Although the defendant made statements about mediation proceedings in a public filing opposing the plaintiff’s motion for leave to file another amended complaint, because the statements were broad, sufficiently general and referred to information already ascertainable from the public docket, ...

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Ongoing settlement discussions with third party not discoverable (access required)

Where the plaintiff in a breach of contract case sought to discover settlement discussions between the defendant and a third party, the defendant was granted a protective order. It was not clear the settlement information was relevant to the case ...

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Discovery on membership, mission of hospital committees OK  (access required)

Where a plaintiff suing several defendants after a shooting at the Lynchburg General Hospital’s Psychiatric Emergency Center requested documents on the firearms and training policies created by the group that designed the center, and the defendants argued that data was ...

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Fictional TV dialogue struck from wrongful death complaint (access required)

Where immaterial and impertinent fictional dialogue from a television program depicting police misconduct could cause confusion between fictional events and the real facts and claims, the dialogue was stricken from the complaint as it could prejudice police officer defendants in ...

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Homeowners’ policy does not cover home day care injury (access required)

Where a homeowner was running a day care business in her house, a business exclusion in the homeowner’s policy applied to bar coverage for an injury suffered by an infant under her care. Background This declaratory judgment action concerns whether ...

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Witness was not adequately prepared for deposition (access required)

Although the defendant’s corporate witness was unable to respond to a number of topics listed on the Rule 30(b)(6) notice, the plaintiff, who alleged violations of the Fair Debt Collection Act in efforts to collect student loan debts, lost his motion ...

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Trademark use and protection efforts key in infringement suit (access required)

Documents and information about third-party trademark use and CFA Institute’s efforts to protect its marks are relevant in a trademark infringement suit against the American Society of Pension Professionals and Actuaries, although the discovery requests must be limited for proportionality ...

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