The Legal Intelligencer

The 'Dilution' Effect and Persuasion

What wins the day in arguing a motion in limine? A single argument or a decision tree approach of “Your Honor, we prevail because of Rule A, but Rule D also applies and so might F?” One answer may come from studying the dilution effect and an experiment on drug safety side effects information.
5 minute read

Daily Business Review

Attorneys, Health Care Officials Face Nearly $80M RICO Suit Over Allegedly Fabricated Spreadsheet

Elevance Health, along with attorneys from Robins Kaplan, allegedly used a falsified health care billing spreadsheet to obtain a nearly $26 million judgment against a provider in 2021.
4 minute read

New Jersey Law Journal

Juries Can Use Slo-Mo to Evaluate Videos, NJ Justices Say

“Watching a video in slow motion is a commonplace method of playing a video that is not beyond the ken of an average juror,” the New Jersey Supreme Court said in a per curiam opinion.
3 minute read

New York Law Journal

Decision of the Day: District Judge Vacates Magistrate's Ruling to Disqualify Prosecutors in Kidnapping Case

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read

New York Law Journal

Attorney-Client Privilege: Recent Informative Decisions

This articles discusses New York's attorney-client privilege laws. "Due to the unquestionable importance of the privilege in the representation of a client by the attorney and the maintenance of the attorney’s professional ethical allegations, keeping abreast of judicial decisions addressing the application of the privilege is a must for New York attorneys."
12 minute read

New York Law Journal

Spoliation Sanctions

Andrea M. Alonso and Kevin G. Faley use case law to discuss the issue of spoliation—“an issue that courts have long struggled with.”
11 minute read

New York Law Journal

Decision of the Day: Judge Precludes Ballistics Expert's Opinion on Scene for 2016 Fatal Police Shooting

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read

The Legal Intelligencer

The Pennsylvania Superior Court and the Wrong Business

When is a business record not a business record. Without sounding silly, it is when it is someone else’s business. That explanation is fundamental and is express in the language of Rule 803(6) which talks of the record of that “activity” (the neutral word for “business”) and implicit in the requirement that the information therein be “by—or from information transmitted by—someone with knowledge.”
4 minute read

New York Law Journal

Alter Ego: Protecting Your Corporation's Tax Status

Creditors of corporate entities will, at various times, pursue the controlling shareholders to satisfy an undercapitalized corporation's indebtedness. Following along these lines, when it comes to income taxation, it is always important to be able to identify the proper taxpayer.
8 minute read

Daily Report Online

State Appeals Court 'Reluctantly' Remands $1.7B Punitive Damages, Sanctions Against Ford for Fatal Rollover

The sanctions came in response to Ford's alleged attempts to reach a "compromise verdict," and force a mistrial for products liability claims. However, those sanctions "almost completely prevented Ford from presenting a defense as to liability," according to Appellate Judge M. Yvette Miller.
8 minute read

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