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March 08, 2024 | New York Law Journal

Our Understanding of Memory Has Changed, the Rules of Evidence Have Not

It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
9 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
August 21, 2023 | New York Law Journal

Video Evidence and the Emergency Doctrine

This article discusses the courts' increasing reliance on video surveillance for deciding motions, especially for those where the emergency doctrine was raised, and details several cases where video surveillance was used as key evidence.
8 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
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
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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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
September 30, 2022 | Connecticut Law Tribune

Some Attorney Billing Records From Public-Sector Investigation May Be Exempt From FIOA Disclosures, Invasion of Privacy Still Needs to Be Determined

"I'm certainly glad that the court recognized that invoices written by a lawyer whose engaged to do an investigation were subject to the privilege," said the plaintiff's attorney, Michael Harrington, partner of FordHarrison in Hartford. "In the public sector, you have this additional concern about making the situation worse because it is publicized later. In this particular case, a lot of folks expressed to the lawyer who did the investigation ... employees were definitely expressing hesitancy about speaking out because the investigation concerned investigating the mayor. I think the court was right to recognize that."
6 minute read
September 01, 2022 | New York Law Journal

Recently Enacted New York Adult Survivors Act Presents Costly Perils for Policyholders and Their Insurers

The ASA opens the window to file suit for all survivors who were 18 or older at the time of abuse. The ASA will thus impact any entity that regularly engaged with adults in any capacity.
18 minute read
June 30, 2021 | New York Law Journal

Putting Rap Music on Trial

As rap music is increasingly introduced in criminal proceedings across the country, New York has a unique opportunity to develop a flagship standard: a rigorous test that protects the integrity of our court system against racial bias.
8 minute read
December 22, 2017 | New York Law Journal

These 6 New York Court of Appeals Cases Dominated in 2017

A look back at some of the major events and rulings from New York's top court, the Court of Appeals, in 2017.
8 minute read

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