By Charles "Chuck" Bennett | December 14, 2020
"Why are they calling jury verdicts 'awards' like the plaintiff won a lottery after getting hurt and living the rest of their life in pain? And who are they to say a jury's verdict is 'excessive?'" writes Charles "Chuck" Bennett.
By Adrienne B. Koch | December 11, 2020
Although discovery in aid of a foreign proceeding under 28 U.S.C. §1782 is often granted with relative ease, recent cases illustrate that such discovery is far from automatic.
By Jason Grant | December 9, 2020
"As long as they continue to assert title, we can't sell the artworks," said the lawyer for the Jewish heirs to an Austrian 1920s art collector who had owned the Egon Schiele paintings before the Nazis imprisoned him. The heirs are claiming that money interest on the artworks continues to grow as the interest amount is disputed and leave for appeal on the merits is sought.
By Raychel Lean | December 4, 2020
The opinion contrasted the defendant against Benjamin Franklin and Abraham Lincoln, both former Post Officer workers, "who did not betray the trust placed in them" by trafficking cocaine.
New York Law Journal | Analysis
By Michael J. Hutter | December 2, 2020
In his Evidence column, Michael J. Hutter discusses three "worthy" Second Department decisions focusing on aspects of the business records exception to the hearsay rule which are frequently overlooked or misunderstood by litigants.
By Nate Robson | December 1, 2020
The judge sidestepped the crime-fraud exception to attorney-client privilege in clearing the way for federal investigators to read several emails seized during their investigation.
New York Law Journal | Analysis
By Reed Brodsky, Avi Weitzman and David Salant | December 1, 2020
While the DPPA does not alter the government's substantive 'Brady' obligations, it sends a meaningful message to federal prosecutors, lays the foundation for potential contempt-of-court and sanctions recourse for 'Brady' violations, and could therefore prove a useful tool for federal criminal practitioners.
The Legal Intelligencer | News
By P.J. D'Annunzio | November 30, 2020
The Pennsylvania Superior Court has denied a mother's pursuit of child support from a person not biologically related to her child whom she claimed signed an acknowledgement of paternity.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | November 30, 2020
Twenty-five years ago, this Medical Malpractice column concluded that a physician's entire office record, including the reports of consulting physicians and any findings or opinions contained therein, is admissible in evidence, so long as the material was kept in the regular course of the physician's business and was related to the diagnosis or treatment of the patient. Among the law discussed was 'Freeman v. Kirkland'. Another columnist recently concluded that 'Freeman' should no longer be followed. Thomas A. Moore and Matthew Gaier respectfully disagree with that conclusion in today's edition of their column.
The Legal Intelligencer | Commentary
By Jules Epstein | November 19, 2020
A quartet of decisions regarding expert testimony, two from the Pennsylvania Supreme Court and two from the Superior Court, limit the role of the judge and the types of questions a witness may be asked.
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