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Case digests, coverage of key rulings, and analysis of trends
By Allison Dunn | November 14, 2023
"Counsel, if we adopt your theory, having studied what other states are doing because it's sort of a new area—not every state has weighed in—we'd have the most liberal interpretation of third-party spoliation in the nation," Chief Justice Loretta H. Rush told plaintiffs counsel from the bench Monday.
5 minute read
By Amanda O'Brien | November 10, 2023
While a majority of general training is conducted virtually, in-person mock trial activities are a common thread between the training regimens at Duane Morris, Fox Rothschild, and Blank Rome.
6 minute read
By Martin A. Schwartz | November 6, 2023
Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.
10 minute read
By Alaina Lancaster | November 2, 2023
An amendment to Federal Rule of Evidence 702 is set to take effect on Dec. 1, after years of discussion from the Judicial Conference Committee on Rules of Practice.
6 minute read
By Joel Cohen | November 1, 2023
a lawyer who is presented by his client with a plan to commit a "future" crime can be compelled before a grand jury to give testimony against that client. The courts have long recognized the "crime fraud exception" to the privilege in such instances.
6 minute read
By Ellen Bardash | October 31, 2023
The update to Rule 702, set to go into effect officially on Dec. 1, has raised the issue of whether it's a long overdue way to hold judges to an evidentiary standard they should have been following for decades or if it encourages them to cross over into the jurors' domain.
5 minute read
Delaware Business Court Insider
By Ellen Bardash | October 31, 2023
The update to Rule 702, set to go into effect officially on Dec. 1, has raised the issue of whether it's a long overdue way to hold judges to an evidentiary standard they should have been following for decades or if it encourages them to cross over into the jurors' domain.
5 minute read
By Aleeza Furman | October 26, 2023
"I have had animations created many times, where I've then looked at it and said, 'You know, I think the defense can score as many points with this as we did,'" Saltz Mongeluzzi Bendesky partner Jeffrey Goodman said.
3 minute read
By Riley Brennan | October 23, 2023
A federal judge in Maine denied a company's motion to dismiss a patent infringement suit filed against it, concluding a letter the patent holder sent the alleged infringing company plausibly established the defendant's specific intent to encourage customer infringement.
4 minute read
By Timothy Capowski, Jack Watkins, Sofya Uvaydov and Chris Theobalt | October 20, 2023
Publicity attacks carry far more weight than mere press conference allegations. This article offers proposals for initial steps toward cleaning up and eliminating the pleading-to-press, ("P2P") trend in litigation.
13 minute read
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