The Rocket Docket

Limits to Admissibility of Medical Bills in Personal Injury Litigation

In Payne v. Wyeth Pharmaceuticals Inc., 2008 WL 4890760, the United States District Court for the Eastern District of Virginia (Norfolk Division) entertained a case of first impression, applying the collateral source rule to damages discharged through Chapter 7 Bankruptcy Proceedings and the use of medical bills in proving pain and suffering.

Recovery for Reputational Damages Must Meet New York Times “Actual Malice” Standard

In Smithfield Foods Inc. v. United Food and Commercial Workers Intern. Union, 2008 WL 4724689 (E.D.Va. 2008), the Court addressed a dispute between the parties regarding the standard of proof applicable to Smithfield Food Inc.’s (Smithfield) alleged damages and held that Smithfield could recover reputational damages alleged under its nine counts only if Smithfield met the standard of “actual malice” set forth in New York Times Co. v. Sullivan, 376 U.S. 254 (1964).

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