By Mike Scarcella | July 9, 2020
The scope and substance of the historic rulings gave all the sides something to proclaim as victory.
By Tom McParland | June 22, 2020
A Manhattan federal judge ruled Monday that the package, which included two notebooks, a hard drive, a computer and a smartphone, was not protected by attorney-client privilege and the attorney work-product doctrine.
By Ryan Tarinelli | June 16, 2020
The state's highest court has reversed an appellate court decision in a case involving a motion to suppress a gun found after a vehicle stop in Western New York.
By Tom McParland | June 10, 2020
In her ruling Tuesday, U.S. District Judge Alison J. Nathan ordered prosecutors to respond to Sadr's motion, and outlined alleged efforts by prosecutors to conceal the late disclosure of evidence and mislead the court about it.
By Amanda Bronstad | June 10, 2020
Judges in dozens of rulings in multidistrict litigation have failed to follow Rule 702 in allowing expert testimony into trials that should not have been admissible, wrote three defense lawyers in a Tuesday letter to the Judicial Conference Advisory Committee on Evidence Rules, which is reviewing possible amendments.
New York Law Journal | Analysis
By Michael J. Hutter | June 5, 2020
In his Evidence column, Michael J. Hutter discusses a recent decision that addressed the question of whether a corporation's former high-level employee who would have been viewed as the client under the 'Upjohn' standard while employed, retained that status when his employment with the corporation was terminated and he was now working for the corporation in the same capacity but as a "consultant" on a contractual basis.
By Tom McParland | June 2, 2020
The ruling also allowed prosecutors to use Kings County Supreme Court Justice Sylvia Ash's emails, as well as statements she made to investigators and a grand jury, as evidence in the case.
New York Law Journal | Analysis
By Alan W. Clark | May 28, 2020
Courts must consider whether habit or circumstantial evidence belongs to the creative imagination of the party or attorney and is being used in such a way to unjustifiably excuse an act or omission of carelessness or negligence when the party has no recollection of the events.
New York Law Journal | Analysis
By Alan W. Clark | May 27, 2020
Can evidence of a health care provider's custom and practice be admissible at trial as habit evidence to prove a fact or standard of care? Can such evidence be proof in support of due care or lack thereof sufficient to support or oppose a motion for summary judgment for or against a party? Can such evidence arise from a creative imagination and be a poor excuse for medical negligence?
New York Law Journal | Analysis
By Milad Boddoohi and Steven Sladkus | May 18, 2020
A closer look at an underutilized tool rooted in the New York State Legislature's Amendment to CPLR 4511.
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