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Daily Report Online

11th Circuit OKs False Arrest Retrial Held After $472K Award Tossed Out

The plaintiff spent 16 days in jail on child molestation charges that were dropped and won $472K at trial, but the judge dumped the award and ordered a new, damages-only trial in which jurors awarded nothing.
5 minute read

New York Law Journal

The Balance in Testimonial Privileges

In his New York Practice column, Thomas F. Gleason discusses 'Ambac Assurance v. Countrywide Home Loans', which provides an informative history of the attorney-client privilege, including the evolution of the “joint defense” doctrine.
8 minute read

The Legal Intelligencer

DOJ 'Stonewalls' Food Truck Explosion Evidence, U-Haul Claims in Lawsuit

Federal investigators are refusing to turn over evidence related to a fatal food truck explosion in Philadelphia, truck rental giant U-Haul has alleged in a lawsuit claiming improperly withheld evidence is central to a products liability litigation pending in Philadelphia.
3 minute read

New York Law Journal

Cross-Racial Witness Identification: A Review of 'People v. Boone'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Boone', in which the Court of Appeals held that, in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, a jury charge on the cross-race effect during final instructions.
8 minute read

New York Law Journal

2018: The Year New York Implements Meaningful Criminal Justice Reform?

Elizabeth S. Kase and Brian T. McCarthy write: By articulating specific guidelines for trial courts and the potential for sanctions against non-compliant prosecutors, New York is poised to implement sweeping procedural changes in 2018, but will the enumerated changes have true meaningful impact for criminal defendants?
9 minute read

New York Law Journal

Lying in Wait to Move Under Rule 37(c)(1)

Samuel N. Fraidin and Peter R. Jerdee write: Where a party has failed to disclose information required under Rules 26(a) or (e), an order precluding the party from introducing evidence at trial may be an appropriate sanction under Rule 37(c)(1). But preclusion is not automatic. Courts in the Second Circuit are likely to deny a motion to preclude where the movant has waited silently until discovery closes to raise the nondisclosure.
12 minute read

New Jersey Law Journal

Justices, Setting Video Playback Parameters, Reinstate $250,000 Award

"Because expert testimony was vital to the outcome of the trial, the trial court's refusal to allow plaintiff's counsel to replay a portion of [the] deposition was an error that resulted in a 'miscarriage of justice under the law',' warranting a new trial."
4 minute read

New Jersey Law Journal

Choose the Right Investigator for a Sexual Harassment Complaint

It is widely recognized that a poorly conducted investigation is as detrimental to an employer and the victim as having conducted no investigation at all.
8 minute read

New York Law Journal

Admissibility of Computer-Generated Animations

Complex Litigation columnist Michael Hoenig revisits the issue of admissibility of computer-generated animations purporting to reconstruct a series of events or an accident.
10 minute read

The Legal Intelligencer

An E-Discovery Opinion That's Boring: Have We Come That Far? Part I

In Winfield v. New York, 15-CV-05236 (S.D.N.Y. Nov. 27, 2017), Magistrate Judge Katharine H. Parker ruled on the plaintiffs' claims that the defendant did not properly produce e-discovery. The opinion is, paradoxically, interesting because it is boring.
11 minute read

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