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Tag Archives: U.S. District Court – Western District

Discovery on membership, mission of hospital committees OK 

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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Prior police shootings not connected to present shooting

Where a plaintiff suing over the shooting death of a fleeing suspect relied on two 2014 shootings involving sheriff’s deputies, those incidents did not present “[a] pattern of similar constitutional violations” showing deliberate indifference or a conscious choice regarding training. ...

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Prevailing employer awarded more than $4,800 in costs 

Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

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Experts may testify about lost earnings at damages trial

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

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No confusion in marketplace over CPFA designation

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

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Insurer awarded over $3.3 million in costs and fees 

Where the indemnity agreement obligated the defendant to satisfy the insurer’s “losses, costs, damages, attorneys’ fees and expenses,” the insurer was awarded over $3.3 million, after deductions for unreasonable and inconsistent redactions in its invoices. Background On July 3, 2020, ...

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