Evidence

  • New York Law Journal | Commentary

    Retired Judge Relates Her Personal Experiences With Police Perjury

    By Emily Jane Goodman | October 26, 2017

    Police perjury is neither new nor rare. The facts are not quite as portrayed on Law & Order.

  • New York Law Journal | News

    Chelsea Bomber Convicted Swiftly by Federal Jury in Manhattan

    By Jason Grant | New York Law Journal | October 16, 2017

    After a little more than four hours of deliberations, the jury in the Southern District of New York convicted Ahmad Khan Rahimi of eight counts, including using a weapon of mass destruction and bombing a public place.

  • National Law Journal | News

    SCOTUS Takes Up Microsoft Case on Email Privacy

    By Tony Mauro | National Law Journal | October 16, 2017

    In a case closely watched by the tech industry, the justices could unwind a Second Circuit decision that held data stored overseas is beyond the reach of U.S. law enforcement.

  • New York Law Journal | Analysis

    Unreliable Methodologies Doom Neck Brace Experts

    By Michael Hoenig | October 6, 2017

    In his Complex Litigation column, Michael Hoenig discusses rulings in 'Lyons v. Leatt Corp.' The rulings are lengthy and detailed, but the reader should not bail out on reviewing them. There are valuable lessons to be learned.

  • New York Law Journal | News

    NYPD Investigating Officers' Alleged Misstatements in Court

    By Andrew Denney | New York Law Journal | October 4, 2017

    The NYPD and the Manhattan District Attorney's Office are investigating accusations by a Manhattan judge that officers misrepresented the circumstances surrounding the arrest of a protester, an NYPD legal official said Tuesday.

  • New York Law Journal | Analysis

    Notable Decisions From the 2016-2017 Term, Continued 

    By Michael J. Hutter | October 4, 2017

    In his Evidence column, Michael J. Hutter continues his discussion of 2016-2017 evidence decisions which were important due to their practical impact but which might be overlooked by the bench and bar due to their less-heralded nature.

  • New York Law Journal

    Making the Best Use of 'Arons' Authorizations

    By John L.A. Lyddane and Barbara D. Goldberg | September 18, 2017

    Medical Malpractice Defense columnists John L.A. Lyddane and Barbara D. Goldberg write: Neither practicing physicians nor defense attorneys have much spare time, and it is unlikely that an 'Arons' interview will become a high priority task for a non-party provider. Even where a letter request is accompanied by a properly executed authorization, it is unlikely to produce an interview without further effort. What makes the further effort worthwhile is the prospect that the non-party witness is one of the least biased sources of information on a broad list of topics which are relevant to the evaluation and presentation of the defendant's position.

  • New York Law Journal

    Bouchard v. U.S. Tennis Association, Inc.

    By newyorklawjournal | New York Law Journal | September 15, 2017

    Sanctions for Spoliation Denied Where Party Complied with Preservation Letter

  • New York Law Journal

    The Absolute Immunity of Police Officer Witnesses

    By Martin A. Schwartz | September 14, 2017

    In his Section 1983 Litigation column, Martin A. Schwartz writes: For a §1983 claim based upon a law enforcement officer's perjurious testimony to succeed, the plaintiff will have to overcome the officer's absolute witness immunity, which applies regardless of how malevolent the officer's wrongdoing, or how injurious it was to the arrestee, and even if it caused a wrongful conviction.

  • New York Law Journal

    USA v. Montgomery

    By newyorklawjournal | New York Law Journal | September 14, 2017

    Suppression of Evidence Denied Where Probable Cause Derived from Intercepts

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