Habit Evidence: Admissibility of Custom and Practice in Medical Malpractice Cases—Truth or Consequences? Part One
Can evidence of a health care provider’s custom and practice be admissible at trial as habit evidence to prove a fact or standard of care? Can such evidence be proof in support of due care or lack thereof sufficient to support or oppose a motion for summary judgment for or against a party? Can such evidence arise from a creative imagination and be a poor excuse for medical negligence?
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the court's first published opinion examining the scope of relief offered to certain persons convicted of crack cocaine offenses under the First Step Act. The Second Circuit held that the First Step Act is a statutory source of sentencing relief independent from the U.S. Sentencing Guidelines or any other policy statement that may otherwise preclude a reduction in sentence.
Local government in New York City has adopted recent legislation adversely impacting commercial landlords by abolishing personal guarantees that were used at lease inception, to induce those landlords to enter into those leases. Based upon longstanding legal precedent, this legislation could be found to be facially invalid on constitutional grounds.
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