By Tom McParland | March 24, 2022
The ruling, which spelled out the reasonable efforts of Lemon's Armstrong Teasdale defense counsel, approved less than the more than $106,000 Lemon had sought against the plaintiff, Dustin Hice.
New York Law Journal | Analysis
By John L.A. Lyddane | March 14, 2022
The realities of discovery in complex cases create situations in which access to vital information is foreclosed simply because there is insufficient data to allow for an evidence-based decision.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | March 10, 2022
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including: a decision declining to suppress a gun and evidence of marijuana possession; a holding that claims relating to sexual abuse of a minor were time-barred and an extension of time for filing did not apply; and a decision granting a college's motion for judgment on the pleadings in a suit over the suspension of in-person classes.
By Leo K. Barnes Jr. | March 4, 2022
This article discusses decisions that provide a roadmap for savvy counsel to guide the retention of an expert while simultaneously preserving applicable privileges from disclosure.
New York Law Journal | Analysis
By Peter A. Crusco | February 18, 2022
The Second Department in 'Costan' determined not to extend 'Carpenter' to real time cell tracking of a defendant's cellular telephone. The prosecution had foreseen a potential issue, and prudently articulated the higher level warrant standard of "probable cause" for the real time CSLI order, which the court favorably referred to in its decision.
By Tom McParland | February 17, 2022
In a raucous two-hour hearing Thursday morning, attorneys for the Trump family alleged political bias in James' investigation of the former president's business activities.
By Meghann M. Cuniff | February 15, 2022
Furman's order puts in writing an oral ruling he made during trial that rejected the motions and determined the U.S. attorney's offices in Los Angeles and New York prosecuting Avenatti are separate teams with discovery obligations independent of each other.
New York Law Journal | Analysis
By Michael J. Hutter | February 14, 2022
CPLR 4549 is a significant evidentiary enactment. It deserves careful study not just because it creates a new hearsay exception but also because the statute, based as it is on New York's common law evidence landscape, differs in certain important respects from the FRE representative admissions exceptions. Michael J. Hutter devotes this edition of his Evidence column to CPLR 4549.
By Andrea L. D'Ambra and Susana Medeiros | February 10, 2022
While line-by-line designations may make a lot of sense for smaller cases, for larger matters where only a small fraction of the documents reviewed and produced are ever used in motions or trial, parties should focus the expense of line-by-line designations on the documents that really matter.
By Meghann M. Cuniff | February 9, 2022
The decision from U.S. District Judge Paul Gardephe distinguishes between the prosecution teams in New York and California, a crucial legal finding as Avenatti pursues appeals.
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