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Case digests, coverage of key rulings, and analysis of trends
By Riley Brennan | September 13, 2023
"To avoid constitutional vagueness concerns in the circumstances of this honest services fraud case, the government should be required to prove beyond a reasonable doubt that an elected official explicitly agreed to take a particular official act because he was paid for outside employment," former City Councilmember Bobby Henon argues in the appellate brief.
5 minute read
By Cassandre Coyer | September 11, 2023
Claims by former President Donald Trump's counsel that discovery in the "United States v. Trump" trial is too "overwhelming" to meet the March 2024 trial date aren't convincing many e-discovery professionals.
6 minute read
By Riley Brennan | September 8, 2023
A Pennsylvania federal judge denied all parties' motions for summary judgment in a slip-and-fall suit, determining that while Burlington was liable for failing to preserve pertinent video evidence, its failure did not necessitate an entry of judgment in favor of the defendants.
5 minute read
By Jimmy Hoover | September 7, 2023
Among the courts that have opined on cellphone searches is U.S. District Judge Jed Rakoff of the Southern District of New York, who held that "phone searches at the border generally require warrants outside exigent circumstances."
5 minute read
By Andrea M. Alonso and Kevin G. Faley | August 21, 2023
This article discusses the courts' increasing reliance on video surveillance for deciding motions, especially for those where the emergency doctrine was raised, and details several cases where video surveillance was used as key evidence.
8 minute read
By Thomas A. Crosley | August 11, 2023
In one of my cases years ago, I was able to admit into evidence cutting-edge neuroimaging tests called MEG to support a claim of mild TBI. I later learned that this may have been the first time this type of evidence had been used in a TBI case.
6 minute read
By ALM Staff | August 9, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Jules Epstein | August 4, 2023
May Rule 403 restrict or even lead to the exclusion of expert testimony that passes the Frye test? The answer is "maybe," and advice from "down under" in Australia suggests that rule as a potent tool.
5 minute read
By Abigail Adcox | August 2, 2023
Many in the legal community, from Big Law partners to retired judges, underscored the gravity of Trump's latest indictment.
5 minute read
By Michael J. Hutter | August 2, 2023
The rules governing impeachment by prior inconsistent statements as set forth in Guide Rule 6.15 are well-settled. Yet errors in their application, or a misunderstanding thereof, do occur, as shown by recent Appellate Division decisions. Perhaps a refresher on these rules is worthwhile.
12 minute read
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