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January 24, 2022 | New York Law Journal

Let's Get Physical: The First Department's Rejection of a Spoliation Analysis to Medical Care Prior to an Adverse Party's Physical Examination

In its recent decision in 'Gilliam v. Uni Holdings', the First Department held that "the condition of one's body is not the type of evidence that is subject to a spoliation analysis." In this edition of their Trial Practice column, Robert Kelner, Gail Kelner and Joshua Kelner discuss the winding road of decisions that led to 'Gilliam' and the significance of 'Gilliam' itself.

11 minute read

January 20, 2022 | New York Law Journal

Jay-Z Leads Group of Musical Artists Supporting New York's 'Rap Music on Trial' Bill to Change Rules of Evidence

The bill is urgently needed, the letter argued, because "prosecutors are increasingly introducing rap lyrics as evidence in criminal proceedings" in a way that disadvantages the artists, overwhelmingly Black men and Latinos.

3 minute read

January 20, 2022 | The Legal Intelligencer

The One-Question Cross-Examination: Make Your Point and Sit Down

Despite familiarity with the phrase "less is more," lawyers can't seem to help themselves—they ask question after question after question. That this irks jurors is beyond doubt.

3 minute read

January 18, 2022 | Law.com

'Where Was the Danger?': State High Court Says Woman's Driveway DWI Arrest by Volunteer Deputy Was Unauthorized

The high court said a volunteer deputy's actions were constitutionally unreasonable when he followed a suspected drunken driver to her home and ordered her to "hang tight" until a deputy sheriff came to the scene.

6 minute read

January 13, 2022 | Daily Business Review

South Florida Attorneys Wrestle COVID-19 Protocols in PPP Fraud Case

"Barosy is an innocent man and he is presumed innocent under the law," attorney David Cannady said.

3 minute read

Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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January 12, 2022 | New York Law Journal

Is Limited Remand Procedure Unconstitutional?

Judge Wilson, in dissent, argued that a limited remand for a 'Frye' hearing—a hearing that should have been held in the first instance but wasn't—was unconstitutional. As best one can tell, however, no judge—state or federal—has previously reached that conclusion. Was he right?

12 minute read

January 11, 2022 | Daily Business Review

Shutts & Bowen Lawyer Uses Third-Party Subpoenas to Secure $13 Million Result

"I believe they had no intention in stopping until they were forced to by the lawsuit," attorney Joseph Bain said.

4 minute read

January 10, 2022 | New York Law Journal

Who Is Judge James Selna and Why Is His Trial Record Under Review?

A rule change in the Central District of California ended an unusual practice of other judges deciding recusal motions targeting their colleagues. Now an unusual request in Michael Avenatti's cross-country criminal cases is putting a California trial record before a judge in the Southern District of New York.

11 minute read

January 07, 2022 | Daily Report Online

Trial Court 'Conspicuously Failed' to Address Third-Party Threats Encouraged by Georgia YouTuber, Florida Appellate Court Says

Writer and activist Rashida Strober filed a petition for injunction for protection against stalking after she allegedly began receiving threats following a contentious interview with YouTuber Thomas Harris.

4 minute read

January 07, 2022 | Daily Business Review

Trial Court 'Conspicuously Failed' to Address Third-Party Threats Encouraged by YouTuber, Florida Appellate Court Says

4 minute read

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