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February 09, 2023 | Daily Report Online

Georgia Appeals Court: BOLO Call Insufficient Basis for Traffic Stop That Led to Drug Charge

"Here, the BOLO for an aggressive driver in a gray passenger vehicle traveling on Mulberry Rock Road with an orange out-of-state tag was, without more information, too generalized to warrant a traffic stop because '[t]his description would cover a staggering number of vehicles and drivers in the State of Georgia' and cannot create a reasonable suspicion to stop the vehicle,"' Court of Appeals Judge Ben Land wrote.
4 minute read
February 08, 2023 | Law.com

'Rather Curious': Judge Declares Mistrial in Discrimination Case After Defense Turns Over Last-Minute Evidence

"This decision is important—not just for this case—but because it establishes that failure to produce discovery can go far beyond a slap on the wrist," said plaintiffs counsel Gary Gilbert of Gilbert Employment Law in of Silver Spring, Maryland. "It should serve as a warning to defendants that they exercise diligence in providing discovery."
4 minute read
February 06, 2023 | New York Law Journal

Rule 37(e) Absent in Decision Granting Harsh Sanction for ESI Spoliation

Since the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.
8 minute read
February 01, 2023 | New York Law Journal

Attorney-Client Privilege: 2022 Instructive Decisions

Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
12 minute read
January 17, 2023 | New York Law Journal

Why One Personal Injury Attorney Is Taking on NYC Over a License Plate

Adam White was arrested for "criminal mischief" in November after removing the offending piece of plastic in Park Slope. He was later issued a Desk Appearance Ticket, and Brooklyn D.A. Eric Gonzalez declined to pursue the case.
3 minute read
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January 12, 2023 | New York Law Journal

Confession Suppressed, Vaccine Mandate Not Enjoined, Restitution Not Terminated

In this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions, including: granting a defendant's motion to suppress his confession; denying a motion for a preliminary injunction enjoining New York City from enforcing COVID-19 vaccine mandates; and denying a defendant's request to terminate his restitution obligation.
8 minute read
January 09, 2023 | The Legal Intelligencer

Pennsylvania Federal Judge Hits Chemical Co. With Sanctions

Judge John Gallagher said the defendant offered no explanation as to why it would not produce the documents, something that was made more suspect in light of an earlier incident in which the defendant made factual misstatements about where its employees had worked.
3 minute read
January 06, 2023 | New York Law Journal

Rejecting Defendant's Request for Full Medical Records, First Dept. Sends Construction Accident Case Toward Trial

"Plaintiff did not place his entire medical condition in controversy by suing to recover damages for orthopedic injuries to his shoulders, hands, and right wrist by alleging in the bill of particulars that those injuries are permanent in nature," wrote an Appellate Division, First Department panel.
4 minute read
January 05, 2023 | Texas Lawyer

Texas Supreme Court Puts Parties Seeking Cell Phone Evidence on Hold

In the wake of In re Kararay, parties can no longer obtain broad, untargeted cell-phone data right out of the gate. Parties must first satisfy a two-step process before obtaining broad access to cell-phone data.
9 minute read
December 22, 2022 | New York Law Journal

Law Firms Are Not Just 'Any Person'

Courts sometimes will not apply statutes in accordance with their literal terms when doing so would contravene other policies. That is precisely what occurred in 'Astraea'.
7 minute read

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