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By Terry Spencer | August 26, 2022
The defense is trying to show that Nikolas Cruz, 23, had a long history of mental health issues that were never fully treated.
3 minute read
By Weston L. Hall | August 17, 2022
The emergence of high-profile cases along with advancements in imaging technology played important roles in the resurgence of TBI litigation seen today.
5 minute read
By Jessica Copeland and Riane Lafferty | August 12, 2022
This column explores three cases dealing with important procedural issues: personal jurisdiction for corporations, the local controversy exception to the Class Action Fairness Act, and required expert disclosures.
9 minute read
By Gerald H. Clark | August 4, 2022
"I have been involved in thousands of injury cases in my 22 years of practice and have yet to see an 'independent' medical examination," writes plaintiffs attorney Gerald Clark.
10 minute read
By Brian J. Shoot | August 4, 2022
Appellate cases resolved with a 3 to 2 vote are decisions where people can reasonably differ. Such rulings thus display the fault lines of the law. In this column, Brian J. Shoot takes a look at some recent 3 to 2 rulings.
18 minute read
By Andrew Goudsward | August 2, 2022
Peter Mucchetti, a partner at Clifford Chance, represented Stephen King as he took the stand in support of DOJ's challenge of the merger of Penguin Random House and Simon & Schuster.
5 minute read
By Christine Schiffner | August 2, 2022
"Representing tribes has given me such a unique perspective into the problems tribal nations face in this country," says Robins Kaplan national tort group chair Tara Sutton.
9 minute read
By Cynthia B. Robinson and Adrian H.F. Ward | July 25, 2022
While empowering the courts with the discretion to resolve pre-trial disclosure controversies on a case-by-case basis is an important policy objective of NY CPLR 3101(d), which governs the exchange of expert disclosures in litigation, the ambiguity built into the statute as written allows for mischief in the margins.
8 minute read
By John L.A. Lyddane | July 15, 2022
In his Medical Malpractice column, John L.A. Lyddane reviews case law relating to how the courts have treated non-physician witnesses in the past in order to predict how a proposed expert will be received. How will the court exercise its discretion on the scope of the admissible testimony?
8 minute read
By Allison Dunn | July 11, 2022
"Here, the defendant's proffered expert testimony about his mental state was relevant to whether the 'knowingly' element had been met," Associate Justice John Englander wrote. "As the evidence was relevant, and its exclusion was not harmless, we vacate the conviction."
4 minute read
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