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The Legal Intelligencer

Commonwealth v. Green, PICS Case No. 16-1186 (Pa. Super. Sept. 16, 2016) Stevens, J. (39 pages).

By | September 30, 2016
Evidence was sufficient to support a kidnapping conviction to support a finding that the victims were "placed in isolation" for a "substantial period." Judgment of sentence affirmed.
7 minute read

New York Law Journal

Former Soccer Coach Acquitted of Slaying Boy

By | September 28, 2016
A former college soccer coach accused of killing of his ex-girlfriend's 12-year-old son has been found not guilty in a closely watched upstate trial.
3 minute read

Connecticut Law Tribune

Second Circuit Ruling Fuels the National Conversation About Campus Sexual Assault

Many colleges have adopted an affirmative consent standard, which CT Public Act 14-11 has required since July 2016, defining consent as engaged, informed, unambiguous and voluntary agreement to engage in sexual activity at each step, which may be revoked at any time. Moreover, one cannot consent if intoxicated.
9 minute read

New York Law Journal

Official Committee of Unsecured Creditors v. Haltman

By | September 28, 2016
Adverse Inference for Defunct Firm's Executives' Spoliation of Evidence Is Not Reconsidered
3 minute read

New York Law Journal

Late Disclosure of Self-Serving Material

Trial practice columnists Robert S. Kelner and Gail S. Kelner address the manner in which the courts have addressed the untimely disclosure of fact witnesses and party submissions which conflict with existing evidence and are introduced for the first time in opposition to a summary judgment motion. They also discuss a recent change to CPLR 3212(b) which clarifies the consideration by the court of expert affidavits in summary judgment motions.
21 minute read

The Legal Intelligencer

Commonwealth v. Simonson, PICS Case No. 16-1159 (Pa. Super. Sept. 12, 2016) Olson, J. (18 pages).

By | September 23, 2016
Police were entitled to perform a warrantless gunshot residue swab on appellant's hands pursuant to the search-incident-to-arrest exception, as the swab did not unreasonably intrude upon appellant's diminished expectation of privacy while under arrest. Judgment of sentence affirmed.
6 minute read

The Legal Intelligencer

Judge: Discovery of Plaintiff's Criminal Record Tainted Jury

The revelation that a plaintiff in a breach of contract case was previously convicted on tax evasion charges may have unfairly prejudiced the jury, an Allegheny Country judge found before ordering a new trial.
10 minute read

The Legal Intelligencer

Commonwealth v. Shull, PICS Case No. 16-1158 (Pa. Super. Sept. 13, 2016) Stevens, J. (53 pages).

By | September 23, 2016
The trial court erred in sentencing outside the guideline range where it failed to apply the deadly weapon used enhancement where defendant "used" the weapon by holding it in front of victim, causing her fear for her safety to increase. Judgment of sentence vacated, case remanded for resentencing.
7 minute read

The Legal Intelligencer

Marano v. Fulton Bank, N.A., PICS Case No. 16-1140 (C.P. Lancaster July 15, 2016) Ashworth, J. (17 pages).

By | September 23, 2016
A series of written documents setting forth the terms of plaintiffs' employment constituted a complete, integrated agreement subject to the parol evidence rule, such that evidence of fraud in the inducement of a contract could not be introduced.
6 minute read

National Law Journal

Judge: Backpage Waived Attorney-Client Privilege, Can't Keep Documents From Senate

Backpage.com cannot invoke attorney-client privilege to withhold documents from a Senate investigation into online sex trafficking, a federal judge in Washington ruled Sept. 16.
10 minute read

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