By Allison Dunn | December 17, 2021
A Florida Fourth District Court of Appeals panel reversed an award for a woman who slipped and fell in a Speedway gas station parking lot, finding that a jury would have to speculate about how long a gasoline spill existed and whether the company failed to address an apparent slippery buildup on the concrete.
By Jasmine Floyd | December 16, 2021
"The jury understood the testimony of our urology expert that at 71 years of age and with a low grade and low aggression cancer a guy who had a lot of medical issues going on was a bad candidate to take into surgery where more than the usual amount of bleeding was expected,'' Mariano Garcia said.
By John M. Baker and Katherine M. Swenson | December 16, 2021
In 'LeMay v. Mays', the court provided guidance regarding the role of videorecordings and police reports as evidence at the Rule 12 stage, holding that a police officer who shot two dogs during a residential security check was not entitled to qualified immunity.
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.
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