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New York Law Journal

Dewey Execs, Prosecutors Clash Over Witness

Just days before the retrial of two former Dewey & LeBoeuf executives, prosecutors and defense attorneys continue to battle over upcoming testimony of a key witness.
4 minute read

New Jersey Law Journal

Use of Digital Evidence at Trial Is Ripe for Guidance in the New Year

In December 2016, the Appellate Division tackled the requirements for the authentication of social media content at trial in New Jersey.
13 minute read

The Legal Intelligencer

Lackawanna Judge Nixes Request for Multiple IMEs

Finding that unusual circumstances must exist before a court can order a plaintiff to undergo multiple independent medical examinations, a Pennsylvania judge has shot down Weis Markets' efforts to have a woman undergo two exams by different orthopedic specialists.
8 minute read

The Legal Intelligencer

Judge Approves Subpoena for Docs Underlying Guilty Plea in Opioid Civil Suit

A man suing Cephalon over claims its fentanyl lollipop was overly addictive and led to his son's eventual methadone overdose will be allowed to subpoena federal prosecutors for documents related to a guilty plea the company entered over its marketing practices.
11 minute read

The Legal Intelligencer

Commonwealth v. Hecker, PICS Case No. 17-0027 (Pa. Super. Dec. 28, 2016) Stevens, P. J. (10 pages).

By | January 13, 2017
Trial court properly convicted inmate of spitting saliva on corrections officer where inmate filed his mouth with water and spat on officer because the testimonial and video evidence supplied sufficient circumstantial evidence to infer that a mixture of water and saliva landed on the officer. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Watley, PICS Case No. 17-0031 (Pa. Super. Dec. 29, 2016) Moulton, J. (27 pages).

By | January 13, 2017
Admission of a witness' sworn police statement and guilty plea colloquy were admissible as prior inconsistent statements where the witness' assertions of inability to recall events of the offense were followed by direct contradictions of sworn statements. Order of the PCRA court affirmed.
7 minute read

New York Law Journal

Importance of Non-Party Depositions to the Defense of Med Mal Cases

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara Goldberg write: Non-party depositions will add time and expense to the preparation of the defense for trial, and a corresponding benefit may not initially be obvious. The challenge is to determine in advance which non-party should be deposed.
16 minute read

New York Law Journal

Prosecutors, SEC Fight to Save Dewey Bankruptcy Records Before Retrial

In an unusual move, the Manhattan district attorney and the Securities and Exchange Commission have rushed to intervene in the Dewey & LeBoeuf bankruptcy case, challenging the trustee's plans to destroy records and emails that the government said it needs to prosecute the firm's former leaders.
8 minute read

New Jersey Law Journal

State v. J.R.

By | January 12, 2017
Admission of CSAAS Testimony That Exceeded Parameters Was Harmless Error
5 minute read

The Legal Intelligencer

Delaware v. Miller, PICS Case No. 16-1566 (C.P. New Castle Oct. 18, 2016) Danberg, J. (memorandum) (11 pages).

By | January 06, 2017
Driver arrested for DUI sought to suppress evidence based on arguments of insufficient grounds for both the traffic stop and his arrest. The court based its determination on written opinions. It ruled that the contemporaneous observation of the offense by a capable state trooper was sufficiently credible for the stop, and that sufficient other evidence supported probable cause for the arrest.
7 minute read

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