By Cassandre Coyer | December 1, 2023
The definition of a custodian in e-discovery has evolved significantly over the years, along with its importance, as data volumes and types have exploded. E-discovery experts expect that generative AI will add one more twist to this trend.
By Allison Dunn | November 21, 2023
"JetBlue argues that because JetBlue's manual contains a § 121.709(e) authorization, the AMM [Aircraft Maintenance Manual] reference provision is inapplicable. ... JetBlue would have the court interpret § 121.709(e) as exempting JetBlue from following its own procedures. But FARs do not negate compliant rules air carriers place on themselves via their maintenance manuals. In fact, 14 C.F.R. § 121.709(b)(1) explicitly states that aircraft maintenance logs must 'be prepared in accordance with the carrier's maintenance manual,'" U.S. District Judge Indira Talwani wrote.
By Allison Dunn | November 21, 2023
"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
The Legal Intelligencer | Commentary
By Jules Epstein | November 16, 2023
"Primacy" is a far cry from "tribalistic arguments" (or the cigar trick) and there is strong reason to treat the two as radically different and as not both being barred from the courtroom by "law and rules."
By Lisa Willis | November 16, 2023
"I believe we have seen, and will continue to see, an uptick of litigation over commercial tenant evictions based on the governmental recertification process," attorney David I. Rosenblatt said.
By Ellen Bardash | November 15, 2023
The charges brought against McGuiness centered on her hiring her daughter and structuring payments to a contractor in a way that avoided financial oversight.
By Charles Toutant | November 15, 2023
"We are unpersuaded by the public defender's argument that the protocol is unreliable because two DREs applying it to the same driver can reach different opinions. Such potential differences of opinion do not necessarily make a diagnostic standard unsound," Judge Jack Sabatino, temporarily assigned, wrote for the court.
By Allison Dunn | November 14, 2023
"Counsel, if we adopt your theory, having studied what other states are doing because it's sort of a new area—not every state has weighed in—we'd have the most liberal interpretation of third-party spoliation in the nation," Chief Justice Loretta H. Rush told plaintiffs counsel from the bench Monday.
The Legal Intelligencer | Analysis|News
By Amanda O'Brien | November 10, 2023
While a majority of general training is conducted virtually, in-person mock trial activities are a common thread between the training regimens at Duane Morris, Fox Rothschild, and Blank Rome.
New York Law Journal | Analysis
By Martin A. Schwartz | November 6, 2023
Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.
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