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New York Law Journal

Another Judge Rejects Use of 'Forces of Labor' Defense

A medical malpractice defense that has been utilized, often successfully, for more than 20 years has taken another hit with a decision that precludes the defendants from introducing a theory that maternal pushing and uterine contractions, and not physician error, injured a newborn's brachial plexus.
2 minute read

Delaware Law Weekly

Jury Instructions Cure Nonlegal Expert's Misstatement of Law

The Delaware Supreme Court has upheld Parris Hamilton's first-degree murder conviction, ruling that the trial court judge's jury instructions cured a nonlegal expert witness's misstatement of law.
5 minute read

The Recorder

People v. Ghebretensae

By | December 31, 2013
4 minute read

The Legal Intelligencer

Could Baldwin's Role Doom Case Against PSU Officials?

If three ex-Penn State administrators facing charges stemming from failing to properly deal with reports of child sexual abuse by Jerry Sandusky are found to have appeared before a grand jury without proper advice of counsel, their testimony could be incurably affected and even tossed, several white-collar defense attorneys have said.
7 minute read

The Legal Intelligencer

Circumstantial Evidence May Authenticate E-Communications

Circumstantial evidence may establish the authenticity of disputed text messages and emails, a Lebanon County judge has ruled, even without direct evidence.
5 minute read

New Jersey Law Journal

Investigative Questioning at Roadside Held Not Enough To Trigger Miranda

Failure to read Miranda rights during a noncustodial, roadside interrogation was not grounds for suppressing statements made by a New Jersey man who was a suspect in a shooting rampage.
4 minute read

New York Law Journal

Medmal Theory Is Called Into Question

The "maternal forces of labor" theory used to explain a newborn child's injuries and defend doctors against malpractice claims has been rejected by a trial judge nearly two years after an upstate appellate panel discarded the premise on different grounds.
8 minute read

New York Law Journal

Privilege Does Not Shield Insurance Papers, Panel Says

Records prepared by an insurance company leading up to its denial of a claim for a purportedly vandalized boat are not shielded by the attorney-client privilege, said a Brooklyn appellate panel.
2 minute read

The Legal Intelligencer

Snizavich v. Rohm & Haas, PICS Case No. 13-3300 (Pa. Super. Dec. 6, 2013) Lazarus, J. (13 pages).

By | December 24, 2013
Toxic Torts • Wrongful Death/Survival • Occupational Chemical Exposure • Brain Cancer • Expert Testimony • Admissibility
3 minute read

The Legal Intelligencer

In re SERETRAM, PICS Case No. 13-3258 (E.D. Pa. Nov. 22, 2013) Pratter, J. (7 pages).

By | December 24, 2013
Fraud • Transfer of Company Funds • Fraudulent Emails • Discovery • Criminal Investigation • Foreign Tribunal
4 minute read

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