The Legal Intelligencer | Commentary
By Alan H. Perer | August 5, 2021
Up until now, the Supreme Court has mandated that the fact-intensive questions concerning the discovery rule and the doctrine of fraudulent concealment, such as when a plaintiff is on notice of the possible culpability of a defendant in causing harm, are reserved for a jury.
By Suzette Parmley | August 5, 2021
The court said, "should the jury determine that the officers' decision to leave was discretionary, then qualified immunity exists in favor of defendants ... and the jury must then resolve any material facts at issue bearing upon whether defendants' conduct was palpably unreasonable."
New York Law Journal | Analysis
By William Ramos | August 5, 2021
An Appellate Division renewal motion based on a change in the law is a very useful appellate remedy available to practitioners to obtain relief when a change in the law may affect a prior adverse appellate ruling.
New York Law Journal | Analysis
By Lanier Saperstein and Samuel Hickey | August 3, 2021
Section 6308 of the Anti-Money Laundering Act of 2020 expands the authority of the Departments of Treasury and Justice to seek and obtain banking records located abroad, while limiting the ability of foreign financial institutions to oppose production of those documents. In this article, the authors discuss why they believe §6308 was not intended to upend traditional processes designed to respect the sovereignty of foreign nations.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | August 2, 2021
In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision that serves as a reminder of the fundamental importance of proportionality post-2015, when allowable discovery is not determined by relevance alone.
By Meghann M. Cuniff | August 2, 2021
"Did you ever authorize the defendant to use your settlement money to buy a private plane?" Assistant U.S. Attorney Brett Sagel asked as his final question.
New Jersey Law Journal | Commentary
By Louis Locascio | August 2, 2021
COURT WATCH: On March, 9, 2021, the N.J. Supreme Court had its first opportunity to consider the Pregnant Workers Fairness Act.
By Greg Land | Amanda Bronstad | July 30, 2021
Many courts were already urging or mandating pretrial mediations, but as the pandemic shutdown lifts lawyers are getting a clear message: "settle it, try it or dismiss it."
By Justin King | July 30, 2021
Justin King of The Law Offices of Justin H. King has four discovery tips his team used in a police negligence case where he secured a $750,000 settlement from the city on behalf of the victim's family.
The Legal Intelligencer | Commentary
By Edward T. Kang and Ryan T. Kirk | July 22, 2021
This column will focus on the court's lengthy discussion of the Pa.R.E. 404 character testimony admitted in the case, as well as the distinguishable use of such testimony in civil suits.
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