By Adrienne B. Koch | November 5, 2021
An examination of relevant case law regarding these rules suggests that CPLR 3211(a)(7) may actually provide a more flexible vehicle for the use of evidence than CPLR 3211(a)(1).
By Tom McParland | November 2, 2021
The special master, Barbara Jones, a former federal judge and partner in Bracewell, said she was turning over the bulk of files to the government, while withholding judgment on the three with privilege claims.
By Tom McParland | November 1, 2021
U.S. District Judge Alison Nathan said "the government is not on trial" in preventing the defense from using the non-prosecution agreement, which the court has previously ruled doesn't apply in the Southern District of New York.
New York Law Journal | Analysis
By Martin A. Schwartz | November 1, 2021
Sections 1983 fabrication of evidence claims have generated some sticky statute of limitations accrual issues. In this edition of his Section 1983 Litigation column, Martin A. Schwartz explores case law addressing this issue. He writes: "The lesson is clear: Determining the governing accrual date requires close attention to the nature and constitutional basis of the plaintiff's constitutional claim.
New York Law Journal | Analysis
By Peter A. Crusco | October 25, 2021
The nascent case law in this area generally discloses that when a criminal case involves significant document disclosure by the prosecution, the defense may be well advised to seek an order compelling the government to identify and "designate in its discovery production all 'Brady' material."
By Ryan Tarinelli | October 21, 2021
Both are running to succeed Madeline Singas, the former district attorney who left the role to become a judge on the state Court of Appeals earlier this year.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | October 13, 2021
Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.
New York Law Journal | Analysis
By Michael J. Hutter | October 6, 2021
Over the past 12 months, the New York courts, federal and state, have decided several cases that are instructive concerning the scope of the privilege and how the privilege may be maintained or lost. As these decisions can be viewed as "under the radar," and thus overlooked, Michael J. Hutter will focus on them in this edition of his Evidence column.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | October 4, 2021
In this edition of their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent decision from the Southern District of New York, where the defense's adept handling of key evidence they suspected had been fabricated resulted in severe sanctions against the plaintiff and her counsel, including a dismissal with prejudice.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | October 4, 2021
Medical records that used to be recorded primarily on paper, in the form of either handwritten or typed notations, are now entered on computers and stored electronically on computers or file servers. As Thomas A. Moore and Matthew Gaier explore in this edition of their Medical Malpractice column, this new medical record medium has effected a sea change on medical malpractice litigation in several respects.
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