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Case digests, coverage of key rulings, and analysis of trends
By Emily Saul | January 31, 2023
Defense attorney Howard Tanner on Tuesday made a motion to dismiss the charges against his client Joseph Franco, claiming that prosecutors with the Manhattan DA's Office had failed on three separate occasions to turn over evidence.
3 minute read
By Avalon Zoppo | January 27, 2023
Mark Lanier, founder of the Texas-based Lanier Law Firm, said the change could weaken a lawyer's strategy in some situations.
4 minute read
By Emily Saul | January 17, 2023
Adam White was arrested for "criminal mischief" in November after removing the offending piece of plastic in Park Slope. He was later issued a Desk Appearance Ticket, and Brooklyn D.A. Eric Gonzalez declined to pursue the case.
3 minute read
By Jules Epstein | January 17, 2023
A cardinal principle for lawyers is that words count. A closing argument may run afoul of the law when "I believe" slips in; a case may be overturned when a judge ad-libs a jury instruction; and of course a jury may be misled when words are incomprehensible—the bane of most jury instructions—or simply dead wrong.
7 minute read
By Thomas Kissane and John Moore | January 12, 2023
In this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions, including: granting a defendant's motion to suppress his confession; denying a motion for a preliminary injunction enjoining New York City from enforcing COVID-19 vaccine mandates; and denying a defendant's request to terminate his restitution obligation.
8 minute read
By Aleeza Furman | January 9, 2023
Judge John Gallagher said the defendant offered no explanation as to why it would not produce the documents, something that was made more suspect in light of an earlier incident in which the defendant made factual misstatements about where its employees had worked.
3 minute read
By Jason Grant | January 6, 2023
"Plaintiff did not place his entire medical condition in controversy by suing to recover damages for orthopedic injuries to his shoulders, hands, and right wrist by alleging in the bill of particulars that those injuries are permanent in nature," wrote an Appellate Division, First Department panel.
4 minute read
By Quentin Brogdon | January 5, 2023
In the wake of In re Kararay, parties can no longer obtain broad, untargeted cell-phone data right out of the gate. Parties must first satisfy a two-step process before obtaining broad access to cell-phone data.
9 minute read
By Edward M. Spiro and Christopher B. Harwood | December 22, 2022
Courts sometimes will not apply statutes in accordance with their literal terms when doing so would contravene other policies. That is precisely what occurred in 'Astraea'.
7 minute read
By Cassandre Coyer | December 21, 2022
To say that this year was a busy one for the e-discovery space would be an understatement. While many of this year's events were headline-worthy, most served as timely reminders to brush up on e-discovery quality control and basic tech education for legal at large.
1 minute read
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