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Daily Report Online

Court of Appeals Divided in Spoliation Sanction Remand Case

Before they filed suit, the plaintiffs asked Golden Pantry to preserve years of security footage for evidence. However, after consulting with its lawyers and insurance carrier, the company still chose to delete the video.
3 minute read

New Jersey Law Journal

Let's Go to the Video Tape: Crime Surveillance Videos and Jury Deliberations

"With our increased video technology, this decision represents a needed and welcomed addition to our evidentiary procedures," writes former Superior Court Judge Louis Locascio.
7 minute read

The Legal Intelligencer

Pa. Judge's 'Extensive' Opinion Gives Guidance on Allowing Video Testimony in Opening Statements

"Today in the modern era of videotape and technology and the way discovery is conducted and trials are conducted, it makes sense," Joseph Messa Jr. said.
3 minute read

Law.com

What Is Exhibit J? Litigators Are Watching This AI Test Case

Exhibit J is the crux of the New York Times' copyright-infringement lawsuit that accuses Microsoft and OpenAI of using copyright-protected content to train their AI model GPT-4.
2 minute read

The Legal Intelligencer

Justice Alito, Religion and Fair Trials

Elevating religion over the right to a fair trial has no place in our constitutional scheme, even as the "wall" between church and state erodes. Putting religion first is not about fair trials but instead about protecting the right to despise "the other," regardless of cost.
4 minute read

New York Law Journal

Our Understanding of Memory Has Changed, the Rules of Evidence Have Not

It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
9 minute read

Daily Report Online

'Rule 403 Has Some Real Substance': Judge's Admission of Rap Video Leads to Reversal

"Evidence is being abused when the judges don't put their foot down and say, 'this is too prejudicial,'" said Donald F. Samuel of Garland, Samuel & Loeb in Atlanta. "That's what Rule 403 is designed to do."
8 minute read

Legaltech News

E-Discovery By Design: An Impossible Aim, or a Growing Reality?

Though the concept behind e-discovery by design isn't entirely new, it has gained momentum as some of the biggest enterprise solutions started offering built-in e-discovery capabilities. But will these be enough?
6 minute read

New York Law Journal

CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)

In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
13 minute read

New York Law Journal

CPLR 2106 Amended To Permit Any Person To Submit Affirmation in Lieu of Affidavit

In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
11 minute read

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