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Law.com

Appellate Court Reverses Conviction for Failure Ask Jury Pool About Potential LGBTQ+ Bias

"It is immaterial that Muldrow identified as straight. A juror could reasonably hear the evidence at trial and assume that Muldrow was homosexual or identified with a sexual orientation other than heterosexual. It is the jury's perception of the defendant as homosexual that is the relevant consideration," Judge Joseph M. Getty wrote.
7 minute read

Law.com

Plaintiff's Attorney: Family Files Lawsuit Against Deputy's 'Brutal and Unconstitutional Attack' Against Disabled Second-Grader

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
5 minute read

New York Law Journal

Confrontation Anyone? Supreme Court, Court of Appeals Revisit 'Bruton' and 'Crawford' Rules

The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.
13 minute read

Legaltech News

Gen AI and E-Discovery: If Chatbots Can Write, Can They Be Custodians?

The definition of a custodian in e-discovery has evolved significantly over the years, along with its importance, as data volumes and types have exploded. E-discovery experts expect that generative AI will add one more twist to this trend.
3 minute read

Law.com

Judge Rejects JetBlue's 'Overly Restrictive Interpretation' Claim on Mechanics' Maintenance Logs

"JetBlue argues that because JetBlue's manual contains a § 121.709(e) authorization, the AMM [Aircraft Maintenance Manual] reference provision is inapplicable. ... JetBlue would have the court interpret § 121.709(e) as exempting JetBlue from following its own procedures. But FARs do not negate compliant rules air carriers place on themselves via their maintenance manuals. In fact, 14 C.F.R. § 121.709(b)(1) explicitly states that aircraft maintenance logs must 'be prepared in accordance with the carrier's maintenance manual,'" U.S. District Judge Indira Talwani wrote.
3 minute read

Law.com

Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass

"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
4 minute read

The Legal Intelligencer

Are Courtroom Persuasion Techniques Unethical?

"Primacy" is a far cry from "tribalistic arguments" (or the cigar trick) and there is strong reason to treat the two as radically different and as not both being barred from the courtroom by "law and rules."
5 minute read

Daily Business Review

A Family Bakery and Big Law Collide in Miami Over 444-Page Complaint

"I believe we have seen, and will continue to see, an uptick of litigation over commercial tenant evictions based on the governmental recertification process," attorney David I. Rosenblatt said.
4 minute read

Delaware Law Weekly

'A Dagger at the Heart'?: Lawyer Says Ex-Delaware Auditor Needs New Trial Because of Judge's Remark

The charges brought against McGuiness centered on her hiring her daughter and structuring payments to a contractor in a way that avoided financial oversight.
4 minute read

New Jersey Law Journal

Expert Protocol to Test for Stoned Driving Gets Supreme Court Approval on 5-2 Vote

"We are unpersuaded by the public defender's argument that the protocol is unreliable because two DREs applying it to the same driver can reach different opinions. Such potential differences of opinion do not necessarily make a diagnostic standard unsound," Judge Jack Sabatino, temporarily assigned, wrote for the court.
8 minute read

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