Case digests, coverage of key rulings, and analysis of trends
By Michael J. Hutter | December 13, 2022
The Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.
13 minute read
By Paul Townsend | December 12, 2022
Federal courts must start enforcing the language of FRE 1006 and permit parties only to use charts to summarize evidence as aides rather than elicit testimony from live witnesses that merely recite the selected portions on the prepared demonstrative exhibit.
4 minute read
By Harvey M. Stone and Richard H. Dolan | December 8, 2022
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including granting the motions of two defendants to reduce their sentences under the First Step Act; relying on the "automobile exception" to the Fourth Amendment and the inevitable discovery doctrine in denying a suppression motion; and denying a preliminary injunction requiring the State Liquor Authority to issue a permit to sell alcohol all night on New Year's Eve 2022.
9 minute read
By Barry Kamins | December 5, 2022
This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic stop even where a police officer has probable cause to believe a traffic infraction was committed. In doing so, the court has held that the state Constitution provides broader protection than the federal Constitution with respect to pretextual traffic stops.
9 minute read
By Joel R. Brandes | November 23, 2022
The attorney-client privilege applies only to confidential communications between attorneys and clients that are made for the purpose of obtaining or rendering legal advice in the course of a professional relationship.
13 minute read
By Kenneth E. Pitcoff and Andrea M. Alonso | November 23, 2022
Under the VTL, drivers of hazard vehicles engaged in work on highways will not be held liable for injuries caused by their negligence. This article uses case law to discuss how courts in New York analyze negligence cases involving drivers of hazard vehicles engaged in work on highways. Court must determine the proper standard to use and burden of proof to be established when hearing these cases.
14 minute read
By Emily Saul | November 22, 2022
"For my clients, they will be here. All of them," Alina Habba told Manhattan Supreme Court Justice Arthur Engoron during a preliminary conference to set the civil case's motion schedule.
3 minute read
By Cassandre Coyer | November 17, 2022
As emerging technologies and data privacy laws are creating new obstacles in e-discovery, a Georgetown Advanced eDiscovery Institute 2022 panel discussed some of the major takeaways from recent e-discovery decisions.
5 minute read
By Jules Epstein | November 17, 2022
Is trial advocacy art, science, or some of each? The answer is definitely the third, although the science part often gets lost in the shuffle or is alleged science with no data to back it up [think 80% of juries decide the case after opening" or "a picture plus words causes 60% fact retention"]. Finding the true science for persuasion takes some work but pays off grandly.
7 minute read
By ALM Staff | November 15, 2022
The decision was selected and summarized by the Law Journal's decision editors.
2 minute read
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