By Mike Scarcella | July 9, 2020
The scope and substance of the historic rulings gave all the sides something to proclaim as victory.
The Legal Intelligencer | Commentary
By Jules Epstein | July 1, 2020
The word "race" is absent from the Federal Rules of Evidence, and the hearsay rules, for example, are arguably colorblind—a present sense impression is a present sense impression, with its admissibility in now way dependent upon the race of the declarant or the perceiver.
Delaware Business Court Insider | News
By Ellen Bardash | June 25, 2020
The state Supreme Court found the company violated the Delaware False Claims and Reporting Act as written now, but Overstock did not violate the law as written in 2013 when the violations in question actually occurred.
By Suzette Parmley | June 23, 2020
"A prosecutor who describes in excessive detail the testimony he intends to elicit does so at his peril if he is unable to deliver the evidence," Justice Barry Albin wrote.
By Tom McParland | June 22, 2020
A Manhattan federal judge ruled Monday that the package, which included two notebooks, a hard drive, a computer and a smartphone, was not protected by attorney-client privilege and the attorney work-product doctrine.
By Ryan Tarinelli | June 16, 2020
The state's highest court has reversed an appellate court decision in a case involving a motion to suppress a gun found after a vehicle stop in Western New York.
The Legal Intelligencer | News
By P.J. D'Annunzio | June 11, 2020
The Pennsylvania Superior Court rejected an attempt by the plaintiff to compare the facts of the case to those in Marshall v. Brown's IA, in which the court ruled that defendant ShopRite should have been sanctioned for spoliation of evidence after giving only partial surveillance evidence of a slip-and-fall.
By Tom McParland | June 10, 2020
In her ruling Tuesday, U.S. District Judge Alison J. Nathan ordered prosecutors to respond to Sadr's motion, and outlined alleged efforts by prosecutors to conceal the late disclosure of evidence and mislead the court about it.
By Amanda Bronstad | June 10, 2020
Judges in dozens of rulings in multidistrict litigation have failed to follow Rule 702 in allowing expert testimony into trials that should not have been admissible, wrote three defense lawyers in a Tuesday letter to the Judicial Conference Advisory Committee on Evidence Rules, which is reviewing possible amendments.
New York Law Journal | Analysis
By Michael J. Hutter | June 5, 2020
In his Evidence column, Michael J. Hutter discusses a recent decision that addressed the question of whether a corporation's former high-level employee who would have been viewed as the client under the 'Upjohn' standard while employed, retained that status when his employment with the corporation was terminated and he was now working for the corporation in the same capacity but as a "consultant" on a contractual basis.
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