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11th Circuit Recent Dismissal Ruling Could Impact How 'Plaintiffs Draft Their Complaints,' Litigator Predicts

"My gut, based on my experiences, says it will have a significant effect and change how plaintiffs draft their complaints," said Phil Rothschild, senior counsel at Holland & Knight's Fort Lauderdale office. "The cards are on the table early."
5 minute read

Delaware Business Court Insider

Smartmatic, Newsmax at War Over Witnesses in Lawsuit Over Election Defamation

Hundreds of filings in June and July have been made in connection with the motions to block expert testimony. Meanwhile, both sides have filed motions for summary judgment that haven't been decided, and both have moved for the other to be sanctioned or held in contempt.
2 minute read

Connecticut Law Tribune

Edgar Tatum Spent Decades in Prison. Now Court Acknowledges Unreliability of Evidence

"It is long past time that the petitioner be afforded the opportunity to challenge the procedures related to the eyewitness identification used in his criminal case in light of the principles we articulated in 'Dickson,'" the high court held.
4 minute read

National Law Journal

Supreme Court Stalls Texas Execution While Considering Bid for DNA Testing

Ruben Gutierrez has been fighting to obtain DNA testing to show the murder was committed by his accomplices and that he should therefore be spared the death penalty.
3 minute read

New York Law Journal

Law Enforcement-Arranged 'Controlled Calls' Violate Suspects' Rights

For too long, a suspect's rights to know when he or she is being interrogated and to have an attorney's presence at police-orchestrated questioning have been brushed aside so that detectives can devise a ruse to coerce a confession, Paul Townsend and Sarena Townsend write.
5 minute read

New York Law Journal

Shot in the Dark: The Alec Baldwin Trial Dismissal

The dismissal hinged on a Brady disclosure violation related to a box of ammunition delivered to the Santa Fe County Sheriff's Office.
4 minute read

The Legal Intelligencer

Does Pennsylvania Tolerate 'Eye'-dentifications?

At least some facial identifications are reliable (see, e.g., familiar identifications of a previously well-known individual). The question is—can the same be said when the perpetrator was fully masked and all that was visible were his eyes?
8 minute read

New York Law Journal

Manhattan Prosecutors Say New Accusers to Come Forward Against Harvey Weinstein in New Trial

Weinstein, 72, was convicted of rape and sexual assault in 2020 and sentenced to 23 years in prison.
3 minute read

New Jersey Law Journal

Rhyme and Reason: The Legal and Ethical Challenges of Using Rap Lyrics as Evidence

"The portrayal of rap lyrics as literal expressions of criminal intent ignores the longstanding tradition of adopting personas, exaggeration, and hyperbole for artistic effect," writes the NJLJ Young Lawyers Advisory Board.
5 minute read

New York Law Journal

Malpractice Claim Over Misdiagnosis of Tick-Bite Symptoms Is Reinstated

A 5-0 ruling, authored by Justice Christine Clark, of the Appellate Division, Third Department, said a trial judge should have greenlighted expert testimony on the standard of care.
4 minute read

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