Author: Marris Hoffee
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Application of Work-Product Doctrine to Materials Prepared Years After Incident
The Hall decision explores whether documents prepared decades after a criminal conviction, as part of post-conviction representation, qualify as protected work product. It emphasizes timing and substantial need in distinguishing between fact and opinion work...
Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video
The District of Maryland in Moore v. WMATA denied spoliation sanctions despite finding a breach of the duty to preserve video evidence. The ruling emphasized the need for concrete proof of relevance and prejudice.
Profanity and Threats Are Not a “Good Faith” Conference
In Milne v. ProAll, the court denied a motion for discovery sanctions due to plaintiffs’ failure to meet good faith conference requirements, highlighting profanity, threats, and aggressive conduct. The case underscores the critical role of...
Another Text Message String Case
In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.
Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine
The Reddick v. State case expands the role of lay witnesses in authenticating surveillance video under the “silent witness” doctrine. It highlights evolving legal standards for video evidence reliability in complex digital systems.