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June 03, 2016 |

Court of Appeals Re-Examines the 'Wrong Person' Defense

In his Criminal Law and Procedure column, Barry Kamins writes: In a series of recent decisions, the New York Court of Appeals has revisited the 'wrong person' defense—an offer of evidence that a third party committed the crime. Stressing that the quality of proof of third-party culpability can vary depending on the nature of a case, the court held that, under certain circumstances, an offer of proof can consist of hearsay evidence with the understanding that the defendant will be prepared at a trial to present the evidence in admissible form.
10 minute read
May 04, 2016 |

Hospital Error Reports Have 'Absolute Privilege,' Court Rules

A New Jersey appeals court has ruled that documents prepared by a health care facility to be filed with the state Department of Health following incidents in which a patient is injured or dies are not subject to discovery in medical malpractice cases, even if the facility fails to comply with reporting requirements.
4 minute read
February 29, 2016 |

The Best Evidence Rule and Video Recordings

Carmen Jack Giordano addresses holdings in which an original video recording has been destroyed or is otherwise unavailable and secondary evidence is offered in lieu of the original.
10 minute read
February 13, 2016 |

Romani-Ruby v. Romani, PICS Case No. 16-0181 (Pa. Super. Jan. 6, 2016) (memorandum) Ott, J. (9 pages).

Trial court properly found that jury award was not excessive and supported by the evidence in appellees' suit against appellant for negligent infliction of emotional distress, intentional infliction of emotional distress, assault, battery and false imprisonment based on decades of inappropriate touching. Affirmed.
3 minute read
February 13, 2016 |

Courts Tackle Centre Co. Open Records Disputes

In Centre County, disagreements over open records requests have entangled county authorities, particularly the district attorney, in multiple legal battles spread across the county trial court, the intermediate state appellate courts and federal court.
6 minute read
February 02, 2016 |

E-Discovery Unit Thrives in Washington Under Winston & Strawn

Winston & Strawn's John Rosenthal has been in the e-discovery business almost since before there was a business. Previously a partner at Howrey, he worked with the now defunct firm to start a similar business to the one he took to Winston in 2008. The firm's e-discovery center, staffed by career associates and other in-house workers, took on almost 90 percent of the e-discovery and data work for its clients.
3 minute read
January 28, 2016 |

State, Federal Courts Diverge on Internal Affairs File Discovery

In a decision that contrasts with a federal magistrate's recent ruling in a similar case, a state appeals court has reversed an order compelling the New Jersey State Police to produce 373 internal affairs files in connection with an excessive-force suit.
4 minute read
January 25, 2016 |

No Attorney-Client Privilege Testimony in Reverse-Payment Case

A federal judge has disallowed mention of attorney-client privilege relating to reverse-payment settlements in the Provigil antitrust litigation.
5 minute read
December 02, 2015 |

50 Lefferts LLC v. Cole

In Holdover Proceeding, Hospital Records Are Admissible Into Evidence
1 minute read
November 10, 2015 |

Restaurant Liable for Patron's Injuries in Altercation

A Philadelphia jury sided with plaintiff Timothy St. Clair in his suit against Center City bar Misconduct Tavern over injuries he suffered after he was punched when entering the bar.
3 minute read

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