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July 28, 2015 |

Feeling Out the Law: Panel Says Jurors May Touch Plaintiff's Hands to Test Temperature

With little case law to guide it, a panel of the Georgia Court of Appeals has ruled that a Fulton County judge did not err when she allowed jurors to hold the hands of a medical malpractice plaintiff to test claims about their temperature.
7 minute read
July 14, 2015 |

King & Spalding Strikes Back at Bid to Pierce GM Privilege

King & Spalding has fired back in court against allegations that it helped client General Motors Co. conceal an ignition-switch defect for years.
3 minute read
June 15, 2015 |

GM Plaintiffs Try Crime-Fraud Exception to Get Documents

In an effort to crack attorney-client privilege, a plaintiffs lawyer has accused General Motors Co. and the King & Spalding law firm of conspiring to commit fraud by concealing an ignition-switch defect.
3 minute read
June 09, 2015 |

Disclosure of Information: Is Complying With 'Brady' Enough?

In his Ethics and Criminal Practice column, Joel Cohen writes: Does Rule 3.8(b) of the New York Rules of Professional Conduct coexist with 'Brady', or does it require more from a prosecutor? In other words, are a prosecutor's ethical responsibilities greater than his constitutional obligations?
11 minute read
May 28, 2015 |

Redaction Tool Helps Mitigate Disclosure of Sensitive Information

Kroll Ontrack offers assisted-redaction solution to help legal counsel apply automated approaches to redaction
3 minute read
May 18, 2015 |

Judge Says Check Mark 'Inadvertent,' Finds Rights Waived

Eastern District Judge Eric Vitaliano ruled that a suspect "fully understood his rights, waived them, and gave his custodial statements voluntarily," and that an "inadvertent" check mark on a form that appeared to invoke his right to silence, discovered after the fact, "changes none of that."
4 minute read
May 07, 2015 |

Using 'Daubert' on Cross-Examination

In his Matrimonial Practice column, Timothy M. Tippins writes: When one tells lawyers from other jurisdictions that New York has yet to adopt the Daubert approach to determining the admissibility of expert evidence, one is met with raised eyebrows, dropping jaws and the occasional acerbic inquiry of whether travel to New York requires a map or a time machine. Yet the enlightenment of Daubert's reliability analysis is beginning to pierce the fog of Luddism that has for so long enveloped the landscape of New York jurisprudence.
11 minute read
May 05, 2015 |

Wilson v. King, PICS Case No. 15-0668 (Pa. Super. April 16, 2015) (memorandum) Fitzgerald, J. (13 pages).

Trial court did not err in denying appellant podiatrist's motion for post-trial relief challenging plaintiff's expert witnesses and in granting appellant's motion for remittitur of the jury verdict because there was good evidence of the standard of care that applied to podiatrists, plaintiff's experts explained the basis of their opinions and plaintiff failed to introduce evidence of past medical expenses. Affirmed.
2 minute read
April 28, 2015 |

Panel Upholds Late-Diagnosis Award, Avoids Expert Issue

An oncologist's expert testimony in a medical malpractice case against a podiatrist did not compromise the validity of the plaintiff's verdict, the state Superior Court has ruled, upholding a $750,000 award.
4 minute read
April 21, 2015 |

Timing of Expert Disclosure Under CPLR 3101(d)

Kevin G. Faley and Andrea M. Alonso review relevant decisions to conclude that neither the First nor Second Department seems inclined to draw a "bright-line" rule on whether expert disclosure after the Note of Issue and Certificate of Readiness have been filed is considered untimely.
12 minute read

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