By ALM Staff | July 14, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
By Allison Dunn | July 11, 2022
"Here, the defendant's proffered expert testimony about his mental state was relevant to whether the 'knowingly' element had been met," Associate Justice John Englander wrote. "As the evidence was relevant, and its exclusion was not harmless, we vacate the conviction."
By Marianna Wharry | July 6, 2022
Nearly 50 years after the indictment was first returned in the Massachusetts Superior Court, the state's Court of Appeals has ordered a new trial for a defendant convicted in 1975 of second degree murder and armed assault.
New York Law Journal | Analysis
By Benjamin Rosenberg | July 5, 2022
Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances? This article discusses two cases in which the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Sixth Circuit addressed this question, holding that the court could not abrogate the employer's privilege.
By Allison Dunn | July 1, 2022
The Maryland Court of Appeals reinstated a man's murder conviction, finding a state's witness did not need to be qualified as an expert to testify that cellphone users can adjust a cellphone's ability to track and collect location data.
New York Law Journal | Analysis
By Martin A. Schwartz | July 1, 2022
In his Section 1983 Litigation column, Martin Schwartz discusses 'Thompson v. Clark,' where the Supreme Court held that the "favorable termination" element of a §1983 malicious prosecution claim requires the plaintiff to show only that the criminal prosecution did not terminate in conviction.
New York Law Journal | Analysis
By James Roberts and Angela Li | July 1, 2022
Anachronistic and vaguely defined provisions that have been updated to reflect today's business and technological landscape can lead to aberrant results.
By Aleeza Furman | June 30, 2022
Joseph Percoco contends that he was acting within his right as a private citizen when he accepted a payment and at that time had no duty to the people of New York that would have prohibited him from doing so.
By Everett Catts | June 30, 2022
"I am just incredibly happy for Tex," said one of his lawyers, Don Samuel. "He never should have been convicted. The jury was never given the option to find he was negligent."
By Allison Dunn | June 29, 2022
The plaintiffs' attorney, Mark G. Weinberg of the Law Office of Mark G. Weinberg, called the decision "harsh": "[F]olks who have served their time are forced to wear a GPS for the rest of their lives. There's no getting your crime behind you, ever."
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