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Judge Confirms DOD Must Provide Docs In HIV Policy Dispute

Law360 (May 22, 2019, 8:22 PM EDT) -- A Virginia federal judge on Wednesday largely affirmed a magistrate’s order requiring the U.S. Department of Defense to cough up hundreds of allegedly privileged documents as part of a challenge to its HIV policy, but allowed the Pentagon to hold back certain draft documents.

A magistrate judge had — with one exception — correctly found, based on a representative sample of 330 disputed documents related to the DOD’s HIV policy, that the documents were either outside the “deliberative process” privilege or that a relevant balancing test otherwise required that they be provided to plaintiffs Nicholas Harrison and OutServe-SLDN Inc., U.S. District...

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Virginia Eastern

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May 30, 2018

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