The Legal Intelligencer | Commentary
By Jules Epstein | December 16, 2021
Self-defense law Wisconsin-style and the conduct of Rittenhouse's trial offer easy explanations of how a not guilty verdict was reached either because jurors simply followed the law or made the defense story fit with their implicit (or express) biases.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | December 14, 2021
In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. examine a recent decision in which the court reaffirmed that expert testimony may be admitted regarding the factors associated with false confessions and that the admissibility of such testimony should be left to the discretion of the trial court.
New York Law Journal | Analysis
By Joseph D. Nohavicka | December 14, 2021
The 'Lockley' decision is a great reminder that when your hearsay objection is met with a state-of-mind counter, that's not the end of it.
By Jasmine Floyd | December 13, 2021
"We think that the referee got this case exactly backward. The referee discounted the recommended sanction based on his clearly erroneous conclusion that we had already disciplined Patterson for the misconduct found in this case," the Florida Supreme Court said.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | December 13, 2021
In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision that addressed three notable exceptions to the third-party waiver rule.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | December 13, 2021
Third Circuit's Guidance on 'Issue Class' Takes a Holistic View on Rule 23 Requirements. Proposed Amendments to FRE 702: The Court as Gatekeeper to Expert Testimony. Third Circuit to Revisit Administrative Feasibility Prong of Heightened Ascertainability Requirement. Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | December 12, 2021
We commend the reading of the Appellate Division opinion in State v. Gerena, and hope and trust that the admission of such identification testimony of age will be upheld.
Texas Lawyer | Commentary|Expert Opinion
By Elisa M. Reiter and Daniel Pollack | December 10, 2021
When a nursing resident is alleged to have been sexually abused and a lawsuit follows, a key person for plaintiff attorneys to retain is a competent expert witness. Naturally, that person must be properly credentialed and have the requisite experience. But there's more.
New Jersey Law Journal | Analysis
By Daniel B. Carroll, Kaitlyn E. Stone and Michael C. Zogby | December 10, 2021
This article focuses on interactions with current and former company employees under New Jersey law, with attention to implications for out-of-state witnesses involved in New Jersey litigation, and witnesses involved in litigation outside of the state who reside in New Jersey.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | December 9, 2021
In this edition of this Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including a holding that a confidentiality provision in a settlement was unenforceable under the circumstances; a decision to restore claims of fabricated evidence; and a decision disqualifying defense counsel for a conflict of interest.
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