New York Law Journal | Analysis
By Alan W. Clark | March 29, 2021
This article will explore the subject matter of impeachment of expert witnesses by the use of medical or scientific literature containing contrary opinions during cross-examination.
New York Law Journal | Analysis
By Sarah Eichenberger, Nicholas Goldin and Jonathan Kaplan | March 22, 2021
This article provides an overview of the recent case law and some approaches companies might take to maximize the protection of cyber reports from third-party disclosure.
By Ryan Tarinelli | March 16, 2021
With state Attorney General Letitia James overseeing an independent investigation into the claims, employment lawyers say the best move for Cuomo is to simply comply with the inquiry and let the investigation run its course.
New York Law Journal | Analysis
By John L.A. Lyddane | March 15, 2021
In his Medical Malpractice column, John L.A. Lyddane writes that the error in judgment defense "is as valuable as it ever was in protecting the physician defendant from the other 'experts' in the profession who are retained for second guessing."
By Ryan Tarinelli | March 2, 2021
New York Attorney Letitia James is deciding on a law firm to be assigned a high-profile matter that could rattle New York politics and government. The appearance of propriety and neutrality will be crucial, experts said.
New York Law Journal | Commentary
By Cory H. Morris and Victor John Yannacone Jr. | March 1, 2021
The 'Faustino' decision admonishes lower courts to never forget much less ignore the longstanding precedent that when the government fails to turn over records it must articulate the reasons why.
By Ryan Tarinelli | February 23, 2021
James said Prude was experiencing a mental health crisis and needed compassion and help from professionals -- something she said he did not receive.
By Ronald W. Zdrojeski and Kamryn M. Deegan | February 5, 2021
Like the number of lawsuits filed generally, the number of spoliation disputes decided in various state courts pales in comparison to the number decided in New York.
New York Law Journal | Analysis
By Timothy M. Tippins | February 5, 2021
In his Matrimonial Practice column, Timothy M. Tippins uses the so-called "expertise" that we've seen almost daily during the pandemic to illustrate the point that expert utterances need to be assessed with a massive measure of skepticism. Specifically, forensic testimony in custody trials is one that is truly ripe for intense and skeptical judicial scrutiny.
New York Law Journal | Analysis
By Michael J. Hutter | February 3, 2021
In this edition of his Evidence column, Michael J. Hutter follows up on his prior discussion of recent decisions that addressed the question: Does the bare fact that an admission is recorded in a tangible document render it admissible and admissible for its truth?
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