By Jenna Greene | April 4, 2019
Burck and Spiro make a compelling argument that the police department in Jupiter, Florida was way out of line in conducting the sting on the Orchids of Asia spa that snagged Kraft.
New York Law Journal | Analysis
By Michael J. Hutter | April 3, 2019
In his Evidence column, Michael J. Hutter discusses the background, outcome and takeaways from the Third Department decision in 'Wrubleski v. Mary Imogene Basset Hosp.', in which the Appellate Division addressed the legal/non-legal distinction of client communications in the context of determining whether a client's written notes made post-accident setting forth her account of how she was injured, the medical treatment she received for her injuries, and the medications she took during her post-operative care, could be viewed as a privileged confidential communication.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | April 1, 2019
In their Federal E-Discovery column, H. Christopher Boehning and Daniel Toal write: Privilege and waiver issues can be especially vexing, particularly when amplified in the e‑discovery context. In 'Pearlstein v. Blackberry', Judge Katharine Parker helps unravel some of these issues, presenting what amounts to a primer on these topics.
By Zack Needles | March 29, 2019
A three-judge appeals panel ordered a new trial because the Philadelphia Court of Common Pleas judge who oversaw her first trial failed to give the jury an adverse inference instruction based on defendant ShopRite's spoliation of evidence.
The Legal Intelligencer | News
By Max Mitchell | March 28, 2019
A mortgage company seeking to authenticate loan documents recorded and transferred between prior companies does not need to have employees from each of the prior loan holders testify in court to authenticate the information, the Pennsylvania Supreme Court has ruled, providing guidance on an issue that is increasingly coming before the courts.
The Legal Intelligencer | News
By Zack Needles | March 28, 2019
A three-judge appeals panel ordered a new trial for plaintiff Harriet Marshall because the Philadelphia Court of Common Pleas judge who oversaw her first trial failed to give the jury an adverse inference instruction based on defendant ShopRite's spoliation of evidence.
By Leonard Deutchman | March 28, 2019
The differences between digital and paper records and data may make application of the rules difficult, if not impossible.
New York Law Journal | Commentary
By Darren LaVerne and Jessica Weigel | March 26, 2019
The claim that early production of witness statements threatens to engender perjury and obstruction is based on the notion—inimical to our system of justice—that every person charged with a crime is guilty and likely to flout the law in order to escape punishment. A statute that rests on this presumption is, in 2019, long overdue for reform.
By Mike Scarcella | March 25, 2019
A Washington trial judge had imposed a $50,000 daily fine against the foreign-owned company resisting a Mueller grand jury subpoena.
By Marcia Coyle | March 25, 2019
A Washington trial judge had imposed a $50,000 daily fine against the foreign-owned company resisting a Mueller grand jury subpoena.
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