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New York Law Journal | Analysis
By Paul Shechtman | October 1, 2021
The case calls on the Supreme Court to examine the relationship between the Confrontation Clause and the open-the-door doctrine.
New York Law Journal | Analysis
By John L.A. Lyddane | September 24, 2021
In his Medical Malpractice column, John Lyddane provides a discussion for defense counsel in malpractice cases where the focus is reliance on prescription medication package inserts. He writes: "Where that reliance is misplaced, defense counsel needs to be ready to respond."
New York Law Journal | Analysis
By Jeremy H. Temkin | September 15, 2021
In 'Cheek v. United States,' the Supreme Court established the government's burden of proof to show that a defendant acted "willfully" in order to obtain a conviction on criminal tax charges. In this column Tax Litigation Issues, Jeremy H. Temkin analyzes recent circuit court decisions rejecting claims that defendants were improperly deprived of their ability to present a 'Cheek' defense through expert testimony.
New York Law Journal | Analysis
By John G. Horn and Kristian D. Walker | September 10, 2021
As we emerge, albeit haltingly, from the pandemic, virtual depositions are seeing the light of litigation … or at least they are trying to.
By Tom McParland | September 9, 2021
The judge said that both parties to the suit, and the court itself, "share a certain degree of blame" for how the heated dispute played out, after it was brought to his attention just hours before the trial began.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | August 30, 2021
Recent cases are confirming a new trend in no-fault law involving serious injury claims under the significant disfigurement, fracture, significant limitation, gap in treatment, preexisting conditions/previous accidents, and 90/180-day categories. Courts are scrutinizing claims and are inclined to dispose of them when the plaintiffs fail to provide objective evidence in admissible form.
By Ryan Tarinelli | August 5, 2021
The law firm Davis Polk & Wardwell is leading the impeachment investigation and gave Cuomo's legal team an Aug. 13 deadline to present any extra evidence.
By Ryan Tarinelli | Jane Wester | August 4, 2021
"While it turns out the response was never published, I made it very clear that any response should never shame an accuser," Kaplan said in a statement.
New York Law Journal | Analysis
By Michael J. Hutter | August 4, 2021
In New York federal court actions, FRE 612 and federal court decisions interpreting it provide guidance regarding disclosure of documents to witnesses. However, in New York courts, in the absence of a governing statutory provision and Court of Appeals precedent, there is less clarity than in federal court. In this edition of his Evidence column, Michael J. Hutter discusses a recent federal court decision tackling some of the issues that arise.
New York Law Journal | Analysis
By Lanier Saperstein and Samuel Hickey | August 3, 2021
Section 6308 of the Anti-Money Laundering Act of 2020 expands the authority of the Departments of Treasury and Justice to seek and obtain banking records located abroad, while limiting the ability of foreign financial institutions to oppose production of those documents. In this article, the authors discuss why they believe §6308 was not intended to upend traditional processes designed to respect the sovereignty of foreign nations.
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FEDERAL PUBLIC DEFENDER VACANCY MIDDLE DISTRICT OF PENNSYLVANIA Refer to: www.ca3.uscourts.gov for detailed announcement...
The Business Litigation Group of the Boston office of McCarter & English seeks a litigation associate with 3-5 years of business litigat...
McCarter and English is actively seeking a trusts and estates associate for our Newark, NJ office with 3-5 years of experience in estate pla...