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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

New Jersey Law Journal

Time to Reconsider Polygraph Reliability and Admissibility in New Jersey

"Even before the tremendous polygraph advancements, they were never considered per se unreliable in New Jersey," writes Frederick P. Sisto.
8 minute read

The Legal Intelligencer

Municipal Legal Spending and Liability for Denied Treatment: What's on the Pa. High Court's May Agenda

Oral arguments in 10 matters are scheduled for Tuesday and Wednesday, with cases touching on issues including local municipalities' legal spending and health care professionals' liability for denying mental health treatment.
5 minute read

New York Law Journal

NY Lawmakers Seek to Widen Berth for Prior Bad Acts Evidence

The legislative effort follows on the heels of the state high court's decision to throw out Harvey Weinstein's rape conviction because of the admission of improper evidence.
5 minute read

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

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