By Jason Grant | November 9, 2018
A state appeals panel said resident Steven Rosen “put his mental condition in issue by seeking to recover damages for emotional distress as a result of the actions alleged" in a complaint that alleged his doorman came after him with a wrench and used anti-Semitic language against him, among other harassing actions.
New York Law Journal | Analysis
By Michael Hoenig | November 9, 2018
Complex Litigation columnist Michael Hoenig writes: Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the case law is: Let the Deponent Testify! With few explicit exceptions, the attorney should not interfere with the witness's answers or the flow of the examination.
New York Law Journal | Analysis
By Maurice J. Recchia | November 8, 2018
In 'Haug v. SUNY Potsdam', the Court of Appeals reversed the Third Department and held that hearsay evidence can support findings of sexual assault on campus even where such hearsay evidence is contradicted by live testimony.
New York Law Journal | Analysis
By Mark A. Berman | November 5, 2018
In his State E-Discovery column, Mark A. Berman discusses recent decisions which make clear that counsel needs to be creative and “think outside of the box” as to how to effectively utilize social media.
New York Law Journal | Analysis
By William F. Johnson | October 31, 2018
Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
By Dan M. Clark | October 30, 2018
Justice Department attorneys wrote in the filing that the plaintiffs in the lawsuit got more credit than they deserved when they asked for extra-record discovery.
New York Law Journal | Analysis
By Sharon M. Porcellio | October 25, 2018
In her Western District Roundup, Sharon M. Porcellio writes: Throughout these opinions, practitioners can glean several “takeaways” for guidance in the discovery process in general and before filing motions concerning allegedly deficient responses. While recognizing every case is fact specific, the facts in these cases illustrate some takeaways that are helpful to both well-seasoned and newly-minted attorneys alike.
New York Law Journal | Analysis
By E. Leo Milonas and Andrew C. Smith | October 18, 2018
In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith write: The Justices of the Appellate Division are back for the Fall 2018 session. Although the color of the leaves change in the fall, nothing has changed for the four Appellate Division departments as they continue to churn out words of wisdom and legal scholarship.
New York Law Journal | Analysis
By Michael J. Hutter | October 3, 2018
In his Evidence column, Michael J. Hutter writes: Assuming that an expert's opinion is admissible, even though it is based upon inadmissible evidence, another issue is present. May the reliable but out-of-court and inadmissible statement or document upon which the opinion is based also be admitted? Expressed differently, does the inadmissible evidence become admissible because of its use as a basis for an expert's opinion?
New York Law Journal | Analysis
By Lawrence M. Pearson | October 1, 2018
For employment law practitioners, understanding subtler forms of bias can be critical to sustaining or defending against a discrimination or harassment claim, as these cases often do not include a “smoking gun” piece of evidence or an allegation that neatly fulfills the various requirements of a cause of action.
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