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New York Law Journal

Panel Clarifies 'Harm' Needed to Disqualify an Attorney

The First Department held that even though the attorney whose disqualification was sought had imparted confidential information gained from a prospective client that was "likely to be detrimental" to the client, "disqualification is not warranted because the conveyed information did not have the potential to be significantly harmful."
3 minute read

New York Law Journal

Judge Rejects Unfair Trial Claim of Wrongfully Convicted Man

After spending more than 20 years in prison for the rape of a police officer's wife that he did not commit, a man could not convince a judge he was subjected to malicious prosecution and deprived of a fair trial.
6 minute read

The Legal Intelligencer

After 40 Years, Man Claiming Wrongful Conviction Freed

A Philadelphia judge has ordered the immediate release on parole of a man who has served more than 40 years of a life sentence, which he claimed was the result of prosecutorial misconduct and false testimony.
5 minute read

The Legal Intelligencer

Plaintiffs Get Second Chance With Expert in Zoloft MDL

Hundreds of people who sued Pfizer alleging birth defects from its antidepressant Zoloft will be allowed to present another expert after the first one they offered to the court was tossed last summer.
5 minute read

New York Law Journal

Circuit Upholds Vaccination Mandate for School Children

The Second Circuit agreed that New York state's requirement that all public school children be vaccinated, which allows for certain medical and religious exemptions, does not violate the rights of parents under the First and Ninth Amendments, nor violates the guarantees of equal protection and due process.
4 minute read

Commercial Litigation Insider

Panel Clarifies 'Harm' Needed to Disqualify an Attorney

The First Department held that even though the attorney whose disqualification was sought had imparted confidential information gained from a prospective client that was "likely to be detrimental" to the client, "disqualification is not warranted because the conveyed information did not have the potential to be significantly harmful."
3 minute read

Daily Business Review

Jeweler on Trial to Recover Commission From Kim Rothstein Diamond Sale

A Fort Lauderdale jeweler is trying to recover a commission on the sale of a large diamond that Kim Rothstein hid from federal marshals when her husband's Ponzi scheme collapsed.
4 minute read

New York Law Journal

Challenge to State's Retention of Seized Computers Dismissed

The state's seizure and two-year retention of computers during a criminal case did not amount to unlawful taking, a Fourth Department panel ruled, reversing a Court of Claims judge.
6 minute read

New York Law Journal

Verdict Affirmed Despite Attack on Judge's Deadlock Charge

The First Department split 4 to 1 Tuesday in affirming a manslaughter conviction over defense objections that the trial judge's deadlock charge had a coercive effect on two holdout jurors.
4 minute read

The Legal Intelligencer

Conservation Dept. Granted Say Over State Land Oil and Gas Leases

An environmental advocacy group has failed in its constitutional challenge to the state government's use of funds from leasing state land for oil and gas development. However, a split en banc Commonwealth Court panel ultimately determined that, going forward, the state Department of Conservation and Natural Resources, and not the governor, should have direct authority to execute those leases.
6 minute read

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