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The Legal Intelligencer

Is It Lay or Expert? Superior Court Has an Opinion (Maybe a Wrong One)

Lay witnesses may not cross a line and give testimony that is "based on scientific, technical, or other specialized knowledge within the scope of Rule 702." That's for experts, and with expert testimony comes discovery obligations such as reports and CVs.
8 minute read

New York Law Journal

Secondary Evidence of Missing Insurance Policies for Child Victims and Adult Survivors Act Claims

The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
10 minute read

The Legal Intelligencer

A Character Witness Conundrum

Pennsylvania law, as does federal, permits a person accused of a crime to "defend" in part by proving their "good" character, limited to the pertinent trait. If the crime is robbery or assault, the defense is that the accused is nonviolent; and if the crime charged is forgery or theft, that the person is honest.
3 minute read

New York Law Journal

Weight of Evidence, Preservation, Third Department Joins Second, Fourth (and First)

The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.
7 minute read

Litigation Daily

So You Think Courts Can Handle Questions of AI-Enhanced Evidence?

Hold on to your hats.
4 minute read

Legaltech News

A WA Court's Ban of AI-Enhanced Video Evidence Raises Decade-Old Reliability Issues

The Washington state ruling highlights the problems AI-enhanced video may face in court, especially on the heels of recent Federal Rules of Civil Procedure amendments emphasizing evidence reliability.
8 minute read

The Recorder

Co-Founder Logan Paul Defends Prime Sports Drink on TikTok as Motion to Dismiss Decision Is Pending

YouTube influencer Logan Paul attempted to dispute class action allegations that Prime Hydration drinks contain dangerous levels of PFAS, posting a TikTok video addressing the suit to his more than 18.4 million followers, less than a week after a hearing on Prime's motion to dismiss in the U.S. District Court for the Northern District of California.
4 minute read

New York Law Journal

Turnabout: Cell Site Location Information for the Defense

This article discusses cell site location information and specifically highlights the ubiquitous cell phone and its location "tracking" capability in the Fulton County, Georgia, criminal prosecution against former President Donald Trump and his co-defendants.
6 minute read

New York Law Journal

Trump Defense Seeks to Limit Evidence of Civil Fraud, Bad Faith Litigation at Criminal Trial

Should the former president take the stand, his lawyers want the judge to block questions about lawsuits Trump has lost.
5 minute read

The Legal Intelligencer

Reading Hospital Agrees to $32.5M Settlement in Phila. Birth Injury Suit

Ross Feller Casey founding partner Matt Casey said his firm took on the case after the first attorney the injured child's family contacted turned it down.
4 minute read

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