By Jasmine Floyd | January 31, 2022
The claim by Carolco Television centered on a Telemundo series that used a character developed in an earlier show. An 11th Circuit panel said the case should be decided under production agreements between the litigants.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | January 31, 2022
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | January 28, 2022
'Richard' provides a good refresher on the importance of preserving documentary evidence and the different standards surrounding preservation of documentary evidence, as compared to ESI. 'Schafer' includes an interesting discussion of what constitutes sufficiently clear and conspicuous language in a consumer contract. 'Braun' provides guidance on a law firm's obligations under the Fair Debt Collection Practices Act.
The Legal Intelligencer | News
By Allison Dunn | January 27, 2022
Willie Stokes, 60—the state's longest incarcerated exoneree—was released from the Chester State Correctional Institution on Jan. 4 after serving 37 years for the 1980 murder of Leslie Campbell, which he did not commit, said his attorneys Joshua Van Naarden and Julia Ronnebaum of Van Naarden Spizer Chase and Pinto.
By Jasmine Floyd | January 26, 2022
"Basically the idea of it is to deter the principle of the borrower from doing things to delay the lender from enforcing it's right," attorney Jake Greenberg said.
By Jasmine Floyd | January 24, 2022
"We are very pleased that we were able to finally bring him to a level of justice that the defendant's insurance company deprived him of for four years since the crash," plaintiffs counsel said.
New York Law Journal | Analysis
By Robert Kelner, Gail Kelner and Joshua Kelner | January 24, 2022
In its recent decision in 'Gilliam v. Uni Holdings', the First Department held that "the condition of one's body is not the type of evidence that is subject to a spoliation analysis." In this edition of their Trial Practice column, Robert Kelner, Gail Kelner and Joshua Kelner discuss the winding road of decisions that led to 'Gilliam' and the significance of 'Gilliam' itself.
By Jane Wester | January 20, 2022
The bill is urgently needed, the letter argued, because "prosecutors are increasingly introducing rap lyrics as evidence in criminal proceedings" in a way that disadvantages the artists, overwhelmingly Black men and Latinos.
The Legal Intelligencer | Commentary
By Jules Epstein | January 20, 2022
Despite familiarity with the phrase "less is more," lawyers can't seem to help themselves—they ask question after question after question. That this irks jurors is beyond doubt.
By Allison Dunn | January 18, 2022
The high court said a volunteer deputy's actions were constitutionally unreasonable when he followed a suspected drunken driver to her home and ordered her to "hang tight" until a deputy sheriff came to the scene.
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