The Rocket Docket

Summary Judgment Granted Where Action Barred by Statute of Limitations

In April, the Court granted a defendant’s motion for summary judgment where the defendant sought the dismissal of, or summary judgment in, the action on the basis of the statute of limitations.

Internet Evidence

At E-Commerce Law, I  just completed a three-part series on the application of traditional principles of evidence law to Internet content.  Here are links to each part of the series:

Part I:  Authentication

Part II:  Hearsay

Part III:  Hearsay Exceptions

Electronic Communications Privacy Act Prohibits ISP From Producing Emails of Non-Party Witness

In In re Subpoena Duces Tecum to AOL, LLC, 550 F. Supp.2d 606 (E.D. Va. 2008), the District Court affirmed a Magistrate Judge’s ruling that the Electronic Communications Privacy Act, 18 U.S.C. § 2701, et seq. (the “Privacy Act”) prohibits an Internet Service Provider (“ISP”) from producing the emails of a non-party witness.  The Court held that “unauthorized private parties” and governmental entities cannot use Rule 45 civil discovery subpoenas to circumvent the protections afforded by the Privacy Act.

Justice Delayed is Justice Denied

Welcome to the Rocket Docket, a regularly-updated discussion of news and opinions from the United States District Court for the Eastern District of Virginia. 

Though other courts have attempted to lay claim to the title, the Eastern District of Virginia is the original "Rocket Docket."  Some forty years ago, Judge Albert V. Bryan, Jr., then Chief Judge of the Court, decided that cases were moving through the Court too slowly and sought new ways to ensure the speedy and efficient adjudication of matters.