By Allison Dunn | November 5, 2021
The high court said defendant Douglas Evans provided no evidence that the officers' use of force posed a concrete risk to his health or safety and he also failed to demonstrate that any pain caused by the officers' efforts to restrain him was more painful or prolonged than necessary to "subdue him in order to perform a minimally-intrusive and judicially-sanctioned buccal swab."
By Jasmine Floyd | November 5, 2021
"Landowners who insert overly broad arbitration clauses and contend that just about anything arising from the purchase and sale of the home despite the injuries being completely unrelated to the same, should be challenged by plaintiffs when the defendant raises a motion to compel arbitration", managing partner Howard Grossman said.
By Meghann M. Cuniff | November 4, 2021
Claims against two California Highway Patrol officers accused in the alteration and destruction of traffic reports can still proceed after the judge rejected qualified immunity arguments.
By Jasmine Floyd | November 4, 2021
"I think in this matter if they would have strategically admitted liabilityfrom the onset, I think they could have limited the damages on their end, but from day one they said my client knew the bathroom was closed by the cart being there, she should have known," Halperin said. "They just tried to blame it on everyone else but themselves. In trial they tried to suggest the water on the floor could have been from kids playing in a sink or from anything else besides the Wal-Mart employee mopping there minutes before," attorney Scott Halperin said
By Tom McParland | November 2, 2021
The special master, Barbara Jones, a former federal judge and partner in Bracewell, said she was turning over the bulk of files to the government, while withholding judgment on the three with privilege claims.
By John Skakun and Heather Benzmiller Sultanian | November 2, 2021
This article addresses potential privilege issues that arise from the integral role that in-house counsel typically plays in a company's disclosure process.
By Jasmine Floyd | November 1, 2021
"But here they put the brakes on emotional turmoil as an excuse for fraud, deceit and misrepresentation, because the lawyer's conduct was outrageous," ethics expert Andrew Berman said.
By Tom McParland | November 1, 2021
U.S. District Judge Alison Nathan said "the government is not on trial" in preventing the defense from using the non-prosecution agreement, which the court has previously ruled doesn't apply in the Southern District of New York.
By Tom McParland | November 1, 2021
U.S. District Judge Alison Nathan said "the government is not on trial" in preventing the defense from using the non-prosecution agreement, which the court has previously ruled doesn't apply in the Southern District of New York.
New York Law Journal | Analysis
By Martin A. Schwartz | November 1, 2021
Sections 1983 fabrication of evidence claims have generated some sticky statute of limitations accrual issues. In this edition of his Section 1983 Litigation column, Martin A. Schwartz explores case law addressing this issue. He writes: "The lesson is clear: Determining the governing accrual date requires close attention to the nature and constitutional basis of the plaintiff's constitutional claim.
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