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New York Law Journal

Panel Rejects New Liability Theory in Med Mal Suit

A medical malpractice plaintiff cannot assert a new liability theory after the doctors and hospital she sued presented prima facie evidence that her hearing loss was a reasonable result of surgery, a Manhattan appeals court has ruled.
5 minute read

New York Law Journal

Panel Rejects New Liability Theory in Med Mal Suit

A medical malpractice plaintiff cannot assert a new liability theory after the doctors and hospital she sued presented prima facie evidence that her hearing loss was a reasonable result of surgery, a Manhattan appeals court has ruled.
2 minute read

The Recorder

United States v. Fryberg

By | April 24, 2017
4 minute read

The Recorder

People v. Costella

By | April 24, 2017
4 minute read

New York Law Journal

Notice of Surveillance to Non-Target, Non-Defendant Interceptees

In his Cyber Crime column, Peter A. Crusco addresses an interesting yet rarely litigated legal issue: whether individuals whose communications are intercepted, but are non-targets and never prosecuted, are entitled to notification and copies of the documents upon which the order for electronic surveillance was based.
21 minute read

New York Law Journal

The Spoliation Cause of Action: A Vampire in the Court System

Joseph S. Bavaro and Daniel Justus Solinsky write that despite the Court of Appeals seemingly driving a stake through the heart of the spoliation cause of action in 'Ortega v. City of New York,' like any good movie monster, somehow it appears to have mutated and survived, as a common law claim of tortious interference by an employer with an employee's cause of action against a third party.
14 minute read

The Legal Intelligencer

First-Impression Ruling on Elder Abuse Reporters' Testimony Stands

The Pennsylvania Supreme Court won't disturb a first-impression Superior Court ruling that said the Older Adults Protective Services Act does not prevent individuals who report elder abuse from testifying in subsequent civil litigation.
12 minute read

The Legal Intelligencer

First-Impression Ruling on Elder Abuse Reporters' Testimony Stands

The Pennsylvania Supreme Court won't disturb a first-impression Superior Court ruling that said the Older Adults Protective Services Act does not prevent individuals who report elder abuse from testifying in subsequent civil litigation.
6 minute read

The Legal Intelligencer

Commonwealth v. McClain, PICS Case No. 17-0536 (C.P. Monroe Mar. 29, 2017) Zulick, J. (10 pages).

By | April 21, 2017
Police properly seized a cellphone concealed in defendant's clothing where she indicated to police that the phone contained recorded conversations relevant to an ongoing criminal matter. Where the commonwealth failed to provide evidence to indicate the location of allegedly unlawful recordings, those counts were dismissed. Pretrial motion granted in part; denied in part.
6 minute read

The Legal Intelligencer

Commonwealth v. Lukach, PICS Case No. 17-0578 (Pa. Super. April 11, 2017) Ransom, J. (20 pages).

By | April 21, 2017
Trial court properly suppressed confession where defendant's indication that he did not want to talk to police was a sufficiently unambiguous invocation of his right to remain silent. Order of the trial court affirmed.
6 minute read

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