The Legal Intelligencer | Commentary
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.
New York Law Journal | Analysis
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.
The Legal Intelligencer | News
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.
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.
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.
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'.
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.
By Cassandre Coyer | December 14, 2022
While e-discovery experts expect blockchain-related litigation to push legal professionals to rethink their e-discovery workflows, they also noted that those challenges won't be so different from difficulties faced in the past.
New York Law Journal | Analysis
By Michael A. Kaplan and Mikayla R. Berliner | December 14, 2022
One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ways on this issue.
New York Law Journal | Analysis
By Michael J. Hutter | December 13, 2022
The Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.
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