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New Jersey Law Journal

Not All Witness Contact Is Witness Tampering, Says NJ Supreme Court

"The decision is significant because trial courts now have the benefit of a concise and appropriate witness tampering jury instruction," writes retired Superior Court Judge Louis Locascio.
7 minute read

National Law Journal

High Court Says Testimony About 'Most' Drug Mules Not Against the Rules

In its 6-3 ruling, the Supreme Court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant's mental state when such knowledge is an element of the crime.
4 minute read

Delaware Business Court Insider

Zantac Defendants: Delaware Could See Mass Tort Surge If Expert Testimony Decision Holds

"The resulting influx of cases could have significant consequences for the efficient administration of justice in Delaware, for both Delaware-domiciled companies and Delaware residents," the defendants said in the application for interlocutory review.
4 minute read

New York Law Journal

Court of Appeals Evidence Decisions: A Potpourri of Rules for Criminal and Civil Actions

The 2023–2024 term of the Court of Appeals has seen a large uptick in the number of appeals decided by the court as compared to previous terms. This is especially true as to decisions deciding important and significant evidence issues.
13 minute read

New York Law Journal

Federal Rule of Evidence 413 and Harvey Weinstein

Following last month's reversal of Harvey Weinstein's sexual assault convictions, a bill is receiving consideration in the New York State Legislature that would essentially adopt Rule 413 for New York. Should it become law?
9 minute read

New York Law Journal

Bill, Spurred by Weinstein Case, Opening Door to 'Molineux' Evidence, Needs Gubernatorial Boost, Lawmaker Says

Amy Paulin, D-Westchester, told reporters that it is unlikely she will be able to overcome strong opposition in the lower house of the Legislature. The bill sailed through the state Senate.
6 minute read

Connecticut Law Tribune

When an 'Admission' Isn't Enough: Court Provides Clarity in Case With Contradictory Evidence

"The present case involves such a situation in which factual issues exist concerning the collision that preclude summary judgment," the opinion said. "Even if the collision occurred in the decedent's lane, that does not eliminate all allegations of negligence in the complaint."
4 minute read

New Jersey Law Journal

Common Evidence Issues in Family Part Trials (Part III): OK, the Rules Apply, but Now What?

"For this third installment, we now tackle the 'in-court' use of evidence rules to defend or pursue objections," write Matheu D. Nunn, Matthew James Troiano, Alyssa S. Engleberg and Jessica Sciara.
13 minute read

New York Law Journal

Hilton and Manhattan Real Estate Developer Hit With $30M in Punitive Damages in Long Running Personal Injury Case

Jurors agreed on punitive damages for Hilton and Moinian Group based in part on a spoliation finding issued against the defendants by U.S. District Judge Edgardo Ramos of the Southern District of New York prior to the trial.
4 minute read

New York Law Journal

What Does 'Subtantial Basis' Mean Under NY's Anti-Slapp Statute?

This article is based on the recent First Department decision, "Reeves v. Associated Newspapers, Ltd." which presents the issue of what constitutes a "substantial basis in law" under the anti-SLAPP law to warrant mandatory costs and attorneys' fees to SLAPP defendant.
7 minute read

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