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Category — Spoliation

Defective Child Safety Seat Case Produces Defense Verdict and Several Noteworthy Rulings

Nov. 23, 2011 – As reported in Virginia Lawyers Weekly, on November 14 an Abingdon federal jury returned a defense verdict in a $50-million product defect case alleging that an eight-year-old girl suffered severe brain damage in a 2009 automobile accident as a result of an allegedly defective child safety seat.  The case, which was tried before Judge James Jones, is Musick v. Dorel Juvenile Group, Inc., 1:11cv05 (W.D. Va.).

Although the defense verdict itself is noteworthy and one that will certainly catch the eye of the plaintiff and defense bars alike, the case is also notable due to several interesting rulings made during the nine-month course of the proceedings.   [Read more →]

November 23, 2011   Comments Off

Spoliation Schemes Serendipitously Soured

Aug. 8, 2011 - Two recent Virginia cases – one from state court, the other from the Eastern District – involve shocking allegations of egregious discovery misconduct.

First, during discovery in a suit in Charlottesville Circuit Court, a prominent personal injury attorney allegedly directed a client to remove pictures from his client’s Facebook profile showing him partying just months after his wife was killed in a 2007 car accident.  [Read more →]

August 8, 2011   Comments Off