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The Legal Intelligencer

Milano v. Commerce Square Partners-Philadelphia Plaza, L.P., PICS Case No. 16-1403 (C.P. Philadelphia Aug. 16, 2016) Shreeves-Johns, J. (15 pages).

By | December 02, 2016
The trial court correctly precluded evidence and testimony of repairs to a floor where a slip-and-fall accident occurred because they were inadmissible evidence of subsequent remedial measures.
6 minute read

The Legal Intelligencer

Sutch v. Roxborough Mem'l Hosp., PICS Case No. 16-1443 (Pa. Super. Nov. 15, 2016) Jenkins, J. (37 pages).

By | December 02, 2016
Counsel was properly disqualified for attempting to interfere with opposing party's expert witness testimony, which actions would have deprived opposing party of its due process right to a fair trial. Judgment affirmed.
6 minute read

The Legal Intelligencer

City of Philadelphia v. Lerner, PICS Case No. 16-1432 (Pa. Nov. 22, 2016) Wecht, J.; Donohue, J. (dissenting) (18 pages).

By | December 02, 2016
A taxpayer could not judicially contest a tax assessment, even if that assessment had no basis in evidence, if the taxpayer failed to exhaust his or her administrative remedies. Order of the commonwealth court affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Ali, PICS Case No. 16-1448 (Pa. Nov. 22, 2016) Dougherty, J.; Baer, J. (dissenting) (26 pages).

By | December 02, 2016
Superior court erred in vacating appellee's drug charges sentence based on the trial court's consideration of the victim impact evidence used in the sentencing of the drug user who bought drugs from appellee and crashed a car and killed several people. Vacated and remanded for resentencing.
6 minute read

The Legal Intelligencer

Commonwealth v. Knight, PICS Case No. 16-1438 (Pa. Nov. 22, 2016) Dougherty, J.; Mundy, J. (dissenting) (38 pages).

By | December 02, 2016
The trial court erred in failing to direct the jury to find the lack of significant criminal history mitigating factor during the penalty phase where the evidence objectively established that appellant had no prior felony or misdemeanor convictions. Judgment of sentence vacated, case remanded for a new penalty hearing.
7 minute read

New York Law Journal

Matter of Search of Information Associated

By | December 02, 2016
Defendant's Consent to Disclosure Moots Application for Warrant to Search Email
2 minute read

New York Law Journal

Phillips v. The City of NY

By | December 01, 2016
Hospital Incident Report of Employee Assault By Patient Privileged, Not Subject to Disclosure
3 minute read

The Recorder

People v. Thompson

By | December 01, 2016
5 minute read

New York Law Journal

'People v. Smith' and 'Bad Acts' Impeachment

In his Evidence column, Michael J. Hutter discusses 'People v. Smith', in which the Court of Appeals provided clear guidance to the bench and bar as to how the "bad acts" impeachment rule is to be applied by the trial court. That rule emerged from a long-held belief of the New York courts is that witnesses "whose lives indicate an abandonment or lack of moral principles, and show them to be lewd and debased characters, void of shame or decency, have not usually a great respect for the truth, or the sanctity of an oath."
18 minute read

New York Law Journal

USA v. Nayyar

By | November 30, 2016
Right to Challenge Computer Evidence Waived; Independent Source Exception Applies to Admission
3 minute read

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