By Meghann M. Cuniff | December 31, 2021
Prosecutors say they can safely proceed amid the spread of the omicron COVID-19 variant, through the nearby District of New Jersey has halted all in-person proceedings through Jan. 31.
By Meghann M. Cuniff | December 28, 2021
Avenatti's cooperation in the lawsuit against Geragos comes amid marked optimism about his fate with two criminal appeals, pending a second wire fraud trial scheduled next month in New York.
New York Law Journal | Analysis
By Peter A. Crusco | December 23, 2021
A "Notice of Requested Information From Your Account" advises the account holder that certain of their account records have been disclosed to a prosecutor's office. In this edition of his Cyber Crime column, Peter A. Crusco addresses this notice, its meaning, and potential responses to it.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | December 14, 2021
In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. examine a recent decision in which the court reaffirmed that expert testimony may be admitted regarding the factors associated with false confessions and that the admissibility of such testimony should be left to the discretion of the trial court.
New York Law Journal | Analysis
By Joseph D. Nohavicka | December 14, 2021
The 'Lockley' decision is a great reminder that when your hearsay objection is met with a state-of-mind counter, that's not the end of it.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | December 13, 2021
In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision that addressed three notable exceptions to the third-party waiver rule.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | December 9, 2021
In this edition of this Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including a holding that a confidentiality provision in a settlement was unenforceable under the circumstances; a decision to restore claims of fabricated evidence; and a decision disqualifying defense counsel for a conflict of interest.
New York Law Journal | Analysis
By Michael J. Hutter | December 1, 2021
Recent appellate decisions show that while the courts may be receptive to the admission of habit evidence, the courts will in fact approve the admission only after a rigorous examination of the foundation proof proffered, and carefully limit the evidentiary force of the habit when admitted.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | November 22, 2021
Whether videos are from security surveillance cameras maintained by a party to the litigation, or a neighboring property or business, municipal traffic cameras, or dashboard videos from nearby vehicles, they can override the usual issues of party or witness credibility and substantially impact the assessment of liability.
New York Law Journal | Commentary
By Marilyn T. Sugarman | November 16, 2021
It is long past time to amend not only the dollar limitation set forth in the statute, but to allow a greater number of invoices from the same provider, particularly if there is testimony and/or other documentary evidence offered to substantiate the claims.
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