By Angela Morris | October 9, 2020
It's an appeal that delves into the procedure that civil defense lawyers must follow to prove to courts that evidence is authentic enough to warrant throwing out a case early on summary judgment.
New Jersey Law Journal | Analysis
By Andrew M. Shaw | October 7, 2020
In custody and parenting time cases, it seems to be standard practice to require production of the parties' mental health records to expert witnesses. That general practice cannot stand.
By Michael W. Mitchell and Edward Roche | October 7, 2020
Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit's recent decision in 'Macsherry v. Sparrows Point.'
New York Law Journal | Expert Opinion
By Scott E. Mollen | October 6, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, "Magid v. Waldman," and "1267 Rogers Ave. LLC v. First American Title Ins. Co."
Texas Lawyer | Best Practices|Commentary
By David Bissinger | October 5, 2020
This article urges judges, legislators and lawyers to apply proportionality rules to limit depositions in cases in which ESI provides a far greater window into a case than the drafters of the original Federal Rules of Civil Procedure ever imagined.
New York Law Journal | Analysis
By Michael J. Hutter | September 30, 2020
In his latest Evidence column, Michael J. Hutter discusses the 'Freeman' decisions.
The Legal Intelligencer | Commentary
By Jules Epstein | September 24, 2020
Do mask-wearing witnesses deprive criminal defendants of their right of confrontation? Does impairing the ability of jurors and lawyers to fully assess "demeanor" result in less reliable verdicts?
New Jersey Law Journal | Analysis
By Louis Locascio | September 18, 2020
COURT WATCH: The issue, of first impression, was whether requiring a defendant to disclose the passcode of his cell phone violates his protection against self-incrimination provided by the Fifth Amendment of the U.S. Constitution and New Jersey law.
By Tom McParland | September 16, 2020
U.S. District Judge Alison J. Nathan said that the actions of the Manhattan U.S. Attorney's Office had eroded public trust in the criminal justice system by making "countless" belated disclosures to lawyers. While their client's conviction was vacated, Steptoe & Johnson attorneys have pursued evidence they suspected the government had withheld.
New York Law Journal | Analysis
By Steven Henesy | September 14, 2020
In this article on Constitutional Law, Steven Henesy discusses whether a non-party's invocation of the Fifth Amendment can result in a negative inference against a party in a civil case in New York.
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