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The Legal Intelligencer

Commonwealth v. Korn, PICS Case No. 16-0706 (Pa. Super. May 25, 2016) Stevens, J. (26 pages).

CRIMINAL LAW
4 minute read

The Legal Intelligencer

Brown v. Greyhound Lines Inc., PICS Case No. 16-0702 (Pa. Super. May 24, 2016) Shogan, J. (40 pages).

Communications between a party's contracted claims administrator and counsel retained by the claims administrator for the party were not protected by attorney-client privilege or the work product doctrine where the documents merely included the result of the claims administrator's investigation and failed to include any mental impressions, opinions or conclusions regarding any potential claim or defense in litigation. Trial court order affirmed.
4 minute read

The Legal Intelligencer

Commonwealth v. Cash, PICS Case No. 16-0707 (Pa. May 25, 2016) Todd, J. (34 pages).

Court upheld charge of voluntary manslaughter where the evidence supported a finding of malice as appellant had hours to "cool down" from the victim's alleged attempted shooting of appellant. Judgment of sentence affirmed.
7 minute read

The Recorder

Kinda v. Carpenter

4 minute read

National Law Journal

Verdicts & Settlements

A summary of the week's notable cases.
5 minute read

The Legal Intelligencer

Floyd v. AstenJohnson, Inc., PICS Case No. 16-0693 (C.P. Philadelphia April 27, 2016) New, J. (9 pages).

Complaint for injury and death due to exposure to asbestos fibers failed for lack of specificity. Defendant's motion for summary judgment affirmed.
5 minute read

New York Law Journal

Court of Appeals Re-Examines the 'Wrong Person' Defense

In his Criminal Law and Procedure column, Barry Kamins writes: In a series of recent decisions, the New York Court of Appeals has revisited the 'wrong person' defense—an offer of evidence that a third party committed the crime. Stressing that the quality of proof of third-party culpability can vary depending on the nature of a case, the court held that, under certain circumstances, an offer of proof can consist of hearsay evidence with the understanding that the defendant will be prepared at a trial to present the evidence in admissible form.
11 minute read

The Recorder

People v. Garlinger

6 minute read

New York Law Journal

Village Directed to Pay $42,940 for Spoliation

Southern District Judge Kenneth Karas wrote that the Village of Pomona's actions represented a "rare case where bad faith, and a clear intent to deprive plaintiffs of evidence at issue, is sufficiently clear from the face of the record" for him to grant the sanctions.
2 minute read

New York Law Journal

Judicial Notice of Website Information

In his Evidence column, Michael J. Hutter writes: While a review of cases over the past 20 years reveals that New York courts, following the lead of the federal courts, are taking judicial notice of facts from websites, the cases do not set forth any analytical framework for determining when judicial notice is or is not appropriate. That absence s troubling as there is now uncertainty as to when a New York court will take judicial notice of a website-mentioned fact, and the distinct possibility of "facts" being noticed when they should not be.
12 minute read

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