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December 14, 2021 | New York Law Journal

In 'Powell', Court Reaffirms Admissibility of Expert Testimony on False Confessions

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. examine a recent decision in which the court reaffirmed that expert testimony may be admitted regarding the factors associated with false confessions and that the admissibility of such testimony should be left to the discretion of the trial court.
11 minute read
December 09, 2021 | New York Law Journal

Unenforceable Provision, Fabrication Claims, Counsel Conflict

In this edition of this Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions, including a holding that a confidentiality provision in a settlement was unenforceable under the circumstances; a decision to restore claims of fabricated evidence; and a decision disqualifying defense counsel for a conflict of interest.
9 minute read
November 05, 2021 | New York Law Journal

Use of Evidence in a Motion Under CPLR 3211(a)(7): A Refresher Course

An examination of relevant case law regarding these rules suggests that CPLR 3211(a)(7) may actually provide a more flexible vehicle for the use of evidence than CPLR 3211(a)(1).
8 minute read
October 25, 2021 | New York Law Journal

Digital Data Dumps and the 'Brady' Rule

The nascent case law in this area generally discloses that when a criminal case involves significant document disclosure by the prosecution, the defense may be well advised to seek an order compelling the government to identify and "designate in its discovery production all 'Brady' material."
13 minute read
October 04, 2021 | New York Law Journal

Patients' Right to Their Own EMR Metadata

Medical records that used to be recorded primarily on paper, in the form of either handwritten or typed notations, are now entered on computers and stored electronically on computers or file servers. As Thomas A. Moore and Matthew Gaier explore in this edition of their Medical Malpractice column, this new medical record medium has effected a sea change on medical malpractice litigation in several respects.
17 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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July 29, 2021 | New York Law Journal

Cases Tackle Two Discovery Issues: Privilege Waiver and Sanctions

In this edition of their Western District Roundup, Jessica Copeland and Riane Lafferty explore two decisions involving important discovery issues: waiver of work product privilege by disclosure to third parties and discovery sanctions.
8 minute read
July 01, 2021 | Daily Business Review

'Weak and Convoluted': Broward Lawyer's Improper Closing Leads to $37M Appellate Reversal as Trend Emerges

The state appellate court took issue with plaintiffs counsel's closing argument in which the attorney read a passage from the George Orwell novel "1984," and compared the tobacco companies to the "totalitarian state" in the dystopian novel.
4 minute read
June 27, 2021 | New Jersey Law Journal

The DNA Evidence Exception to the Statute of Limitations Should Be Construed Sensibly

We think the most sensible interpretation of the "DNA evidence" exception is that the limitation period begins once the state has possession of the forensic sample itself.
5 minute read
March 01, 2021 | New York Law Journal

First Dept. Forces NYPD To Pay Fees for Failure To Timely Release BodyCam Footage

The 'Faustino' decision admonishes lower courts to never forget much less ignore the longstanding precedent that when the government fails to turn over records it must articulate the reasons why.
9 minute read
October 26, 2020 | New York Law Journal

Corporate Challenge: Complying With a Grand Jury Subpoena Duces Tecum for ESI  

In his column on cyber crime, Peter A. Crusco addresses some frequent legal issues involved in a corporation's response to a grand jury subpoena duces tecum for its electronically stored information.
10 minute read

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