Although the Virginia Freedom of Information Act allows closed-door meetings to discuss confidential employment matters, there is no privilege that would automatically protect those discussions from discovery in federal court litigation. Background This matter comes before the court on defendant ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

Despite the fact that the defendant’s expert had more experience with a different gunpowder than the one used in this case, the expert was allowed to offer his opinion regarding the cause of the firearm explosion because his testimony offered ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

Plaintiff’s claims for design defect and failure to warn were viable where the barrel of his firearm exploded after it had been loaded with a non-recommended bullet because there were questions of fact regarding the actual cause of the barrel ...

Tagged with: Judge Michael F. Urbanski Products Liability U.S. District Court - Western District

A metallurgical engineering expert’s lack of specific expertise in firearms did not preclude his testimony that the defendant’s choice of steel caused the plaintiff’s firearm to malfunction because any objections to the expert’s conclusions could be challenged on cross-examination. Background ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

The defendant was allowed to offer the testimony of its expert witness that plaintiff’s injury was caused by the positioning and use of a non-recommended bullet or the amount of gunpowder used, even though precise information regarding those factors was ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

Where the plaintiff and her boyfriend both testified an employee of the defendant stated a spill should have been cleaned up, a reasonable juror could conclude that statement demonstrated the defendant’s actual notice of the spill. Background On or about ...

Tagged with: Judge Jackson L. Kiser Negligence U.S. District Court - Western District

Although a court had already concluded the former Assistant United States Attorney intentionally withheld exculpatory evidence in the plaintiff’s prior criminal trial, the court held his civil rights’ claims against the AUSA either failed to state a claim or must ...

Tagged with: Civil Rights Judge James P. Jones U.S. District Court - Western District

The MDL court will decide whether numerous suits brought by Virginia localities against persons and entities they allege are responsible for opiate-related damages will proceed in federal court or state court. Background This opinion is being entered in 12 cases ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

A jury is poised to hear potentially powerful evidence about the decedent’s death and her minor children’s observation of that scene. Such testimony, a court ruled, may enable the jury to estimate the mental anguish of the beneficiaries. Background Defendants ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

Although an individual defendant filed for bankruptcy protection after allegedly striking the plaintiff with his car and his insurance carrier interpled all relevant proceeds into the state court, he was not a “nominal” party for purposes of diversity jurisdiction and ...

Tagged with: Judge Jackson L. Kiser Tort U.S. District Court - Western District