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New York Law Journal

Fischetti v. Savino's Hideaway, Inc.

Court Finds Correspondence Insufficient to Put Defendant on Notice for Spoliation Purposes
2 minute read

New York Law Journal

Steen v. Taylor Garbage Services, Inc.

Defendant Negligent in Securing Electronic Evidence Warranting Negative Inference Charge
2 minute read

New York Law Journal

Nathan Order Adds to 'Mini-Tidal Wave' of Concern Over Warrants

The white-collar defense bar is crowing over Judge Alison Nathan's sweeping 92-page warrant suppression order in the Southern District U.S. Attorney's securities fraud case against financier Benjamin Wey.
5 minute read

The Legal Intelligencer

Pfizer Wins Immediate Appeal Over Unsettled Whistleblower Questions

In a ruling that placed on pause an 11-year-old whistleblower suit against Pfizer, a federal judge has granted an immediate appeal on three issues that weigh into unsettled areas of law related to the False Claims Act.
12 minute read

New York Law Journal

Wonder Woman and Evidence Law

Wonder Woman is a box office hit; Rotten Tomatoes rates it at 92 percent. This past week, I saw it with the Bracewell first year and summer associates and was wowed. But what is little known to lawyers—despite a brilliant book by Harvard historian Jill Lepore—is the role of Wonder Woman's creator, Dr. William Mouton Marston, in the history of evidence law.
15 minute read

The Legal Intelligencer

Commonwealth v. Smith, PICS Case No. 17-0951 (Pa. Super. May 31, 2017) Ott, J. (10 pages).

Separate search warrant was not required to conduct DNA analysis for identification purposes where individual did not have protectable privacy interest in identification. Judgment of sentence affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Forsythe, PICS Case No. 17-0947 (Pa. Super. June 1, 2017) Lazarus, J. (11 pages).

The trial court erred in suppressing evidence found on defendant's person after a vehicle stop since the arresting officer was acting under a municipal drug task force agreement that did not require county ratification and, thus, his conduct did not violate the Municipal Police Jurisdiction Act. The appellate court reversed the trial court's order of suppression.
6 minute read

The Legal Intelligencer

Commonwealth v. Bond, PICS Case No. 17-0915 (C.P. Lycoming May 30, 2017) Lovecchio, J. (8 pages).

Under the "plain feel doctrine," police had probable cause to arrest defendant where the arresting officer frisked him and detected what he immediately recognized as narcotic packaging hidden in defendant's groin area. The court denied defendant's omnibus pretrial motion to suppress evidence.
3 minute read

The Legal Intelligencer

Commonwealth v. Monarch, PICS Case No. 17-0950 (Pa. Super. June 6, 2017) Panella, J. (11 pages).

Prior inconsistent recorded statement about defendant's intoxication was properly admitted, under the trial court's discretion, to impeach a witness, where the jury as factfinder could determine whether the recorded statement was inconsistent with the witness' trial testimony and weigh the witness' testimony and credibility accordingly. Judgment of sentence affirmed.
3 minute read

The Legal Intelligencer

Carney v. Carney, PICS Case No. 17-0944 (Pa. Super. May 31, 2017) Stevens, J. (16 pages).

The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
6 minute read

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