By Mike Scarcella | September 26, 2018
Lawyers for Brett Kavanaugh and Christine Blasey Ford have submitted evidentiary documents they intend to use at Thursday's hearing—pages from Kavanaugh's 1982 summer calendar, and four declarations supporting Ford's claims that Kavanaugh sexually assaulted her at a high school party.
By Dan M. Clark | September 13, 2018
Arguments on Thursday did not focus on whether Haug had obtained consent from his accuser. The Court of Appeals, instead, is considering whether the college had enough evidence to show a lack of consent and therefore sexual misconduct.
New York Law Journal | Analysis
By Michael Hoenig | September 7, 2018
In his column on Complex Litigation, Michael Hoenig encourages use of the protective order: a flexible device that harmonizes the demanding party's need for access with the producing party's competing right to privacy.
New York Law Journal | Analysis
By Timothy M. Tippins | September 5, 2018
In his column on Matrimonial Practice, Timothy M. Tippins explores some of the evidentiary issues presented when computer-based test interpretations are used by expert witnesses.
New York Law Journal | Commentary
By Thomas R. Newman and Steven J. Ahmuty Jr. | September 4, 2018
The jurisdiction of the Court of Appeals to review questions of fact is severely curtailed by the New York State Constitution (art. 6, § 3[a]), and the court's primary role is its law-making function, to unify, clarify and pronounce the law for the state of New York.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | August 15, 2018
In their Commercial Division Update column, Thomas J. Hall and Judith A. Archer address the New York Court of Appeals' recent decision evaluating documentary evidence consisting of emails and compatible correspondence.
New York Law Journal | Expert Opinion
By Robert J. Anello and Richard F. Albert | August 14, 2018
In their White-Collar Crime column, Robert J. Anello and Richard F. Albert look at sentencing statistics post-'Booker' and contemplate if now is the right time to reexamine the data.
New York Law Journal | Analysis
By Barry Kamins | August 3, 2018
In his column on Criminal Law and Procedure, Barry Kamins analyzes 'Carpernter v. U.S.,' a landmark decision significantly affecting digital privacy.
New York Law Journal | Analysis
By Michael E. Gertzman and Michael J. Pernick | August 1, 2018
Michael E. Gertzman and Michael J. Pernick, in a column on International Litigation, write about how the Second Circuit changed the analysis of whether to review an overseas client's documents here or abroad.
New York Law Journal | Analysis
By Michael J. Hutter | August 1, 2018
In his Evidence column, Michael J. Hutter discusses whether out-of-court material may be the sole or principal basis for an expert's opinion.
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