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October 14, 2020 | New York Law Journal

Lost Chance as Substantial Factor In Causing Injury: Part 1

In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
13 minute read
October 06, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, "Magid v. Waldman," and "1267 Rogers Ave. LLC v. First American Title Ins. Co."
16 minute read
July 09, 2020 | Daily Business Review

A Surprise Email, Last-Minute Evidence and a Broward Judge's Steadfastness Mark Case Alleging 'Trial by Ambush'

The opinion highlights what can happen if procedural restrictions aren't followed, even if unintentionally.
4 minute read
June 10, 2020 | Law.com

'Troubling Trends' in MDL Rulings Require Changes to Evidence Rules, Letter Says

Judges in dozens of rulings in multidistrict litigation have failed to follow Rule 702 in allowing expert testimony into trials that should not have been admissible, wrote three defense lawyers in a Tuesday letter to the Judicial Conference Advisory Committee on Evidence Rules, which is reviewing possible amendments.
4 minute read
June 02, 2020 | New York Law Journal

Indicted Brooklyn Supreme Court Justice Loses Bid to Suppress iPhone Evidence

The ruling also allowed prosecutors to use Kings County Supreme Court Justice Sylvia Ash's emails, as well as statements she made to investigators and a grand jury, as evidence in the case.
4 minute read
May 18, 2020 | New York Law Journal

Googling Your Way To Victory at Trial

A closer look at an underutilized tool rooted in the New York State Legislature's Amendment to CPLR 4511.
8 minute read
April 20, 2020 | New York Law Journal

'Williams' Tackles 'Frye' and Scientific Evidence

The court in 'Williams' denied the defense's request for a 'Frye' hearing on LCN DNA testing.
11 minute read
March 19, 2020 | New Jersey Law Journal

Court Flags References to Rodney King, Amadou Diallo at Cop's Criminal Trial, But Conviction Upheld

"The trial court erred by admitting both prejudicial testimony" but "the evidence against Trinidad was overwhelming," the Supreme Court's majority said.
7 minute read
February 28, 2020 | The Legal Intelligencer

Why Won't the Supreme Court Let Krasner's Office Withdraw an Exhibit in the Abu-Jamal Dispute?

In their Feb. 24 order granting Maureen Faulkner's request for a probe into whether the Philadelphia District Attorney's Office is conflicted out of handling the appeal of convicted cop killer Mumia Abu-Jamal, the justices denied the office's attempt to withdraw from evidence a page from its website that was altered after Faulkner's petition was filed.
5 minute read
February 06, 2020 | New York Law Journal

Work Product Protection for Experts in Arbitration: A Trap for the Unwary

The intersection of specialized, often highly technical, or esoteric subject matter with procedural freedom can result in confusion about the ground rules for the use of experts in the arbitration.
7 minute read

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