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National Law Journal

Virginia High Court Orders New Trial Over Plane Crash

The Virginia Supreme Court has ordered a new trial over an airplane crash because an airplane manufacturer's accident investigation report was admitted as an learned treatise despite the rule barring hearsay evidence under most circumstances.
3 minute read

New York Law Journal

Judge Declines to Withhold Records in NYPD Abuse Case

Both parties in a case where a Queens Supreme Court Justice is suing New York City over a police officer's alleged attack have lost their bid to keep a report and certain court papers under seal.
3 minute read

The Legal Intelligencer

Commonwealth v. Alicia, PICS Case No. 14-0862 (Pa. May 28, 2014) McCaffery, J. (24 pages).

Expert Witness Testimony • "False Confessions"
3 minute read

The Legal Intelligencer

Commonwealth v. Medina, PICS Case No. 14-0892 (Pa. Super. May 28, 2014) Mundy, J. (33 pages).

Post-Conviction Relief • Timeliness • After-Discovered Evidence • Recanted Witness Testimony • New Trial
3 minute read

The Legal Intelligencer

Commonwealth v. Walker, PICS Case No. 14-0864 (Pa. May 28, 2014) Todd, J. (64 pages).

Expert Testimony • Eyewitness Identification
3 minute read

The Legal Intelligencer

Superior Court Says 'Sparse' Report Won't Preclude Expert

A suit against a car dealership involving a vehicle rollover will be reinstated after the state Superior Court found that the trial court lacked sufficient information to determine the plaintiffs' expert report was legally incompetent.
5 minute read

The Legal Intelligencer

Justices OK Experts on Eyewitness IDs, Not Confessions

In two decisions issued simultaneously last week, the Pennsylvania Supreme Court barred expert testimony on interrogation techniques that could lead to false confessions but overturned its longstanding tenet that expert testimony regarding the accuracy and reliability of eyewitness identification is per se impermissible.
8 minute read

The Legal Intelligencer

Intrusive GPS, Spyware on Rise in Family Law Matters

Although new tracking technologies have taken an increasing role in the practice of family law, the novel issues typically still come down to reasonable expectations of privacy.
6 minute read

Commercial Litigation Insider

Law Evolves in Favor of Disclosure From Nonparties

Richard H. Bliss writes that although the requirements for obtaining disclosure from nonparties in New York civil practice have been relaxed over the past 30 years, questions regarding the availability of such disclosure have troubled the courts and practitioners alike. This term, the Court of Appeals resolved a disagreement in the Appellate Division as to the substantive requirements for obtaining such disclosure.
12 minute read

New York Law Journal

'Unreliable' Articles: More on Peer Review's Frailties

In his Complex Litigation column, Michael Hoenig writes: A party's challenge is not always to prove that the opponent expert is lying. An expert can testify impressively and his qualifications may be excellent. He may even believe what he is saying. But if he relies upon and spouts what is essentially "junk science," extracted from someone else's writing, the testimony is junky nonetheless.
10 minute read

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