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The Recorder

Roth v. Plikaytis

C.A. 4th; D070484 The Fourth Appellate District affirmed in part and reversed in part a trial court order awarding fees. In the published portion of…
4 minute read

New York Law Journal

The Absolute Immunity of Police Officer Witnesses

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.
11 minute read

New York Law Journal

USA v. Montgomery

Suppression of Evidence Denied Where Probable Cause Derived from Intercepts
1 minute read

New York Law Journal

ECD Investor Group v. Credit Suisse International

Declaration Stricken Where Declarant Failed To Adequately State Basis for Knowledge
3 minute read

The Legal Intelligencer

Baird v. Smiley et al, PICS Case No. 17-1344 (Pa. Super. Aug. 18, 2017) Ransom, J. (17 pages).

The trial court did not err in granting the defendant general contractor's motion for nonsuit at the close of plaintiff's case and before all defendants offered their evidence where the other defendants in the case did not plan to offer evidence of the contractor's liability. The court affirmed an order granting the general contractor non-suit.
6 minute read

Daily Business Review

Weighing The CMBS Impact Of Harvey And Irma

NEW YORK CITY—A pair of back-to-back hurricanes in the space of a week may cause a near-term rise in CMBS delinquencies, according to Fitch Ratings and S&P Global Ratings. The exposure of billions of dollars in securitized commercial mortgages to the effects of Hurricanes Harvey and Irma comes as maturity performance is largely in line with expectations and the delinquency rate continues to decline.
3 minute read

New York Law Journal

High Court Hears Case Over Blood Sample Lost in Storm

The Court of Appeals heard arguments Thursday in the case of a man convicted of burglary based largely on forensic blood evidence destroyed by floodwaters from Superstorm Sandy.
2 minute read

New York Law Journal

Capacity of Infants to Testify

Andrea M. Alonso and Kevin G. Faley discuss cases illustrative of the determination a court makes in weighing whether to accept a child's testimony.
8 minute read

New York Law Journal

Crossing With Digital Forensic Evidence

Benjamin Dynkin and Barry Dynkin write: We live in a truly digital age, where we fill 250,000 Libraries of Congress per day. Naturally, this data has begun to seep into our legal system, but lawyers and litigants have not paid close enough attention to how that data can be used. With a clever forensic technician, an attorney can request access to and analyze a nigh unlimited amount of data, which can be used to impeach a witness's credibility to devastating effect.
11 minute read

The Legal Intelligencer

Commonwealth v. Girardi, PICS Case No. 17-1159 (C.P. Lycoming July 13, 2017) Butts, J. (18 pages).

Police demonstrated the requisite probable cause to support a search warrant for the review and seizure of defendant's telephone records where the evidence indicated that defendant used his phone to contact another individual to report stealing a gun and to involve the individual in selling the stolen gun. The court denied defendant's motion to suppress.
6 minute read

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