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Case digests, coverage of key rulings, and analysis of trends
By Frederick P. Sisto | May 15, 2024
"Even before the tremendous polygraph advancements, they were never considered per se unreliable in New Jersey," writes Frederick P. Sisto.
8 minute read
By Aleeza Furman | May 13, 2024
Oral arguments in 10 matters are scheduled for Tuesday and Wednesday, with cases touching on issues including local municipalities' legal spending and health care professionals' liability for denying mental health treatment.
5 minute read
By Brian Lee | May 10, 2024
The legislative effort follows on the heels of the state high court's decision to throw out Harvey Weinstein's rape conviction because of the admission of improper evidence.
5 minute read
By Jules Epstein | May 10, 2024
Lay witnesses may not cross a line and give testimony that is "based on scientific, technical, or other specialized knowledge within the scope of Rule 702." That's for experts, and with expert testimony comes discovery obligations such as reports and CVs.
8 minute read
By Ethan Greenberg and Thomas Dupont | May 10, 2024
The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
10 minute read
By Jules Epstein | May 3, 2024
Pennsylvania law, as does federal, permits a person accused of a crime to "defend" in part by proving their "good" character, limited to the pertinent trait. If the crime is robbery or assault, the defense is that the accused is nonviolent; and if the crime charged is forgery or theft, that the person is honest.
3 minute read
By Elliott Scheinberg | May 1, 2024
The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.
7 minute read
By Ross Todd | May 1, 2024
Hold on to your hats.
4 minute read
By Cassandre Coyer | April 29, 2024
The Washington state ruling highlights the problems AI-enhanced video may face in court, especially on the heels of recent Federal Rules of Civil Procedure amendments emphasizing evidence reliability.
8 minute read
By Greg Andrews | April 29, 2024
"It is highly likely that relevant information has been destroyed as a result of Amazon's actions and inactions," the Federal Trade Commission said in a filing last week.
7 minute read
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