By Allison Dunn | August 4, 2022
"The defendants' attorneys undoubtedly performed a significant service for their clients by securing a dismissal of the plaintiff's claims with prejudice—arguably the best possible outcome in the case. Such a result is also exceedingly rare, as dismissal is the most severe sanction imposed by the court and is typically reserved for only the most egregious conduct," U.S. District Judge James P. Jones of the Western District of Virginia wrote.
By Allison Dunn | August 2, 2022
"[W]e agree with the defendant and do not read the statute to apply only where both a blood draw and subsequent chemical test or analysis is done by or at the direction of police. First, such an interpretation would contradict the plain language of the statute, rendering the consent provision of §24(1)(e) inoperative in certain situations where, according to the plain language of the statute, the consent provision applies," Justice Elspeth B. Cypher wrote on behalf of the state high court.
National Law Journal | Profile
By Christine Schiffner | August 2, 2022
"Representing tribes has given me such a unique perspective into the problems tribal nations face in this country," says Robins Kaplan national tort group chair Tara Sutton.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 1, 2022
This column discusses the Dead Man's Statute and decisional law addressing its potential application in both circumstances.
New York Law Journal | Analysis
By Anthony E. Davis | July 22, 2022
In this article, Anthony E. Davis examines three recent ethics opinions, two from the New York State Bar Association Committee on Professional Ethics, and one from the Professional Ethics Committee of the New York City Bar Association.
The Legal Intelligencer | News
By Allison Dunn | July 15, 2022
"The Audit Report—which found that across departments, the city lacks proper policies for investigating complaints of sexual harassment and disciplining employees when those complaints are sustained—ties McCowan's hostile investigation to this larger city custom," wrote U.S. District Judge Karen S. Marston of the Eastern District of Pennsylvania.
By Charles Toutant | July 15, 2022
"An attorney not making the objection would be committing malpractice. So a big 'Frye' hearing is coming, alright," said defense attorney Jeff Gold.
New Jersey Law Journal | Analysis
By Matheu D. Nunn, Linda Torosian and Alyssa S. Engleberg | July 15, 2022
Three family law attorneys explain why they would like to be able to use prior instances of untruthful conduct to attack the other party's character for untruthfulness.
By Allison Dunn | July 14, 2022
"If Doe provides supporting evidence of this allegation after discovery, a jury could conclude that the qualified privilege arguably enjoyed by the University and its employees was lost," wrote U.S. District Judge Thomas T. Cullen of the Western District of Virginia.
New Jersey Law Journal | Analysis
By Olivia J. Italiano and Nicholas A. Duston | July 14, 2022
The evolution of mobile technology and social media continues to raise new questions about the preservation and discoverability of electronically stored information (ESI). Here are some issues to consider.
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