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The Legal Intelligencer

DiGiacinto v. Obelinas, PICS Case No. 14-0614 (C.P. Lackawanna April 17, 2014) Nealon, J. (18 pages).

Discovery • Physical Examinations • "Good Cause"• Pa.R.Civ.P. 4010 • Evidence
3 minute read

The Legal Intelligencer

Commonwealth v. Trinidad, PICS Case No. 14-0633 (Pa. Super. April 21, 2014) Olson, J. (22 pages).

Hearsay • Newly-Discovered Evidence • New Trial
4 minute read

The Legal Intelligencer

Weissberger v. Myers, PICS Case No. 14-0630 (Pa. Super. April 22, 2014) Musmanno, J. (10 pages).

Motion Practice • Motion for Summary Judgment • Res Judicata/Collateral Estoppel • Distinguishable Burdens of Proof
4 minute read

The Legal Intelligencer

Commonwealth v. Reyes-Rodriguez, PICS Case No. 14-0634 (Pa. Super. March 18, 2014) Strassburger, J. (21 pages).

Prior Bad Acts • Character Evidence • Jury Instruction • Ineffective Counsel
3 minute read

New York Law Journal

A Rejected New York Holding Resurrects Elsewhere

In his E-Communications column, Stephen Treglia discusses recent decisions issued in California and Nebraska in which the courts justified their holdings using a 2010 Appellate Division case—a holding that was rejected, with considerable notoriety, by the Court of Appeals in 2012.
12 minute read

Law.com

Judge Sanctions Actos Defenders for Disruptive Behavior

A Las Vegas judge has sanctioned defense attorneys for disobeying court orders and disrupting court proceedings, saying the behavior could prejudice the jury against the plaintiffs in a closely watched trial over the pharmaceutical drug Actos.
3 minute read

New York Law Journal

DNA Sample From No-Knock Search Must Be Suppressed

DNA evidence linking a defendant to the near-fatal shooting of a pizzeria manager was improperly collected by police and should be suppressed, the Third Department determined.
2 minute read

New York Law Journal

Admissibility of Email Under FRE's Business Records Exception

Jennifer Hurley Mcgay and Sujata M. Tanikella of Bingham McCutchen write: The predominance of email has forced courts to confront the question of whether—and when—emails may be admissible under Rule 803(6). The answer to this question varies considerably across jurisdictions and even among district courts within the same judicial circuit.
13 minute read

New York Law Journal

Dealing With Subsequent Remedial Measures

Steven F. Napolitano and Brittany M. Dorman of Skadden, Arps, Slate, Meagher & Flom write: Though subsequent remedial measures are most commonly associated with product liability litigation, New York courts apply this doctrine in other types of litigation as well, often in creative ways. Thus, plaintiff and defense counsel must keep informed of developing case law in this area, and give advance thought as to how such potentially powerful evidence could get before the jury in a particular case.
13 minute read

New York Law Journal

Judges Uphold Rape Verdict Despite Records Being Denied

A sharply divided state Court of Appeals affirmed the rape conviction of a man Thursday who argued that his defense was crippled by the trial court's denial of access to all but a few pages of his victim's extensive mental health records.
7 minute read

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