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December 01, 2023 | Legaltech News

Gen AI and E-Discovery: If Chatbots Can Write, Can They Be Custodians?

The definition of a custodian in e-discovery has evolved significantly over the years, along with its importance, as data volumes and types have exploded. E-discovery experts expect that generative AI will add one more twist to this trend.
3 minute read
November 21, 2023 | Law.com

Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass

"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
4 minute read
July 07, 2023 | New Jersey Law Journal

'Enemies List': Plaintiffs' Expert Witnesses Are Targets as J&J Unit Revives Lawsuit

Johnson & Johnson subsidiary LTL Management filed a second fraud lawsuit on Friday against three plaintiffs' experts who authored a 2020 report linking its talcum powder products to mesothelioma.
4 minute read
May 19, 2023 | Law.com

'This Is Fraud': Plaintiff Wins Key Ruling Over Expert's Talc Report, Files Sanctions

U.S. Magistrate Judge Valerie Figueredo, in New York, denied a demand from defendants to disclose of 33 individuals in plaintiff's expert Dr. Jacqueline Moline's 2019 report, used in talc cases nationwide to link cosmetic talc to mesothelioma.
5 minute read
March 03, 2023 | Delaware Law Weekly

In Rare Decision Setting Aside Jury Verdict, Delaware Judge Faults Lawyer's Reference to Inadmissible Docs

It's the only jury verdict Judge Mary M. Johnston has overturned in two decades on the bench, and it's one of just 11 times in the past 10 years a Delaware Superior Court judge has granted a new trial in any type of case.
4 minute read
Law Journal Press | Digital Book Florida Evidence and Procedure 2019 Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez View this Book

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March 03, 2023 | Delaware Business Court Insider

Del. Judge Faults Insurance Counsel's Reference to Inadmissible Docs In Rare Decision Setting Aside Jury Verdict

It's the only jury verdict Judge Mary M. Johnston has overturned in two decades on the bench, and it's one of just 11 times in the past 10 years a Delaware Superior Court judge has granted a new trial in any type of case.
4 minute read
March 03, 2023 | Texas Lawyer

Verdict Set Aside in Coverage Case Over $236M Settlement With Texas Attorney General

Conduent State Healthcare sought coverage for its $236 million settlement with the Texas Attorney General's Office in 2019, which resolved claims of Medicaid fraud.
4 minute read
February 01, 2023 | New York Law Journal

Attorney-Client Privilege: 2022 Instructive Decisions

Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
12 minute read
August 22, 2022 | New York Law Journal

Privilege, Particularity and the Warrant at Mar-a-Lago

The search warrant heard "round-the-world" at Mar-a-Lago may not be as significant for what it authorized to search and seize as much as for what it did not specifically state.
12 minute read
August 12, 2022 | New York Law Journal

Recent Decisions Discuss Three Key Procedural Issues

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

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