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New York Law Journal

Panel, Citing Errors, Grants Third Trial to Mentally Ill Killer

A man who thought he was King Arthur and killed his victim after escaping from a mental institution is entitled to a third trial, an appellate panel in Albany ruled yesterday.
5 minute read

New Jersey Law Journal

No Spoliation if Data Only Delayed, Court Says in Vacating Sanctions

A New Jersey appeals court reverses a $2.6 million damages judgment and a $107,858 sanction in a workers' compensation fraud case, finding the trial judge wrongly characterized as spoliation the defendant's delay in providing evidence.
3 minute read

New York Law Journal

CBS Can Exonerate Client in Art Theft, Lawyer Says

An accused art thief's attorney wants CBS to produce raw footage of a television series following Brooklyn prosecutors that he says could help his client's defense, but the network is refusing to cooperate.
2 minute read

Delaware Law Weekly

Negligence Case Against Employer Fails for Lack of Evidence

The Delaware Supreme Court has dismissed a worker's negligence claim against his employer because of a lack of evidence that the allegedly faulty equipment had been modified by the defendant.
5 minute read

Delaware Law Weekly

Prison Phone Recordings May Be Used to Prevent Crime

Law enforcement officials may subpoena prison phone recordings if the calls can aid in investigating or preventing a crime, the Delaware Supreme Court has ruled.
5 minute read

The Legal Intelligencer

In NSA Search Ruling, Court Misses a Step to Make a Point

In Klayman v. Obama,, the U.S. District Court for the District of Columbia enjoined the National Security Agency and FBI from receiving telephonic metadata in bulk from telephone carriers and Internet service providers under the provisions of the Foreign Intelligence Surveillance Act and Patriot Act.
11 minute read

The Legal Intelligencer

Police Must Meet Tow Threshold Before Inventory Search

Lawfully immobilizing a vehicle on a finding its driver is unlicensed does not provide reason to perform an inventory search, a divided state Supreme Court has ruled.
8 minute read

National Law Journal

Antitrust Claims Against Milk Processors Reinstated

A federal appeals court has reinstated an antitrust complaint against a milk processor, ruling that the trial judge used the wrong standard for excluding an expert witness.
4 minute read

Daily Report Online

Proposed E-discovery Rules Move Forward

Opposing sides are closer to a consensus on proposed state legislation regulating e-discovery that will be taken up by the House Judiciary Committee this month, but sticking points remain, particularly on sanctions for spoliation of electronic documents.
5 minute read

New York Law Journal

Judge Declines to Levy Sanctions for 'Spoliation'

Upholding a magistrate judge's ruling, Southern District Judge Harold Baer Jr. said Friday that U.S. Bank shouldn't be sanctioned over a document retention policy that plaintiff UBS called "aggressive and indiscriminate."
2 minute read

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