• New York Law Journal | Expert Opinion

    A Lie is a Lie is a Lie: Toward a Broader Application of the Tailored Testimony Rule

    August 10, 2020

    Tim Capowski and John Watkins discuss the inherent problems with the "tailored testimony rule" and conclude that "allowing litigants to reverse or revise themselves, without explanation, and without penalty undermines the search for truth and turns litigation into mere sport."

  • Pearl Resources v. Charger Services

    Publication Date: 2020-08-10
    Practice Area: Civil Appeals | Contractual Disputes | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Rodriguez
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 08-19-00096-CV

    In two issues, appellants challenged the trial court's judgment against them for quantum meruit on appellee's claim.

  • Emory University et al. v. Willcox

    Publication Date: 2020-07-23
    Practice Area: Evidence | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Benjamin Ladner, Robert Stannard, (Attorney at Law), Atlanta, John Fitzpatrick, Lamar Jost, (Wheeler Trigg O'Donnell, LLP), Denver, Michael Bailey, Erica Jansen, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Christopher Graddock, Keenan Nix, (Morgan & Morgan, PA), Atlanta, Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellee.

    Case Number: A20A0665

    Trial Court in Wrongful Death Case Did Not Abuse Its Discretion in Allowing Opinion Evidence Based on Incomplete Medical Records

  • Givens v. Anderson Columbia Co

    Publication Date: 2020-07-20
    Practice Area: Civil Appeals | Civil Procedure | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Marion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 04-19-00435-CV

    After a take-nothing judgment was entered against them, appellants challenged the factual and legal sufficiency of the evidence to support the jury's findings.

  • Ron v. Ron

    Publication Date: 2020-07-06
    Practice Area: Civil Appeals | Evidence | Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Spain
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 14-18-00710-CV

    In these interlocutory appeals, appellant challenged the trial court's order granting an anti-suit injunction and an order granting a temporary injunction in favor of her ex-husband.

  • Stinchcomb v. The State

    Publication Date: 2020-06-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Leigh Stevens Schrope, Marcia Gail Shein, (Law Firm of Shein & Brandenburg), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Kevin Christopher Armstrong, Paul L. Howard, Jr., Stephany Julissa Luttrell, (Fulton County District Attorney's Office), Smyrna, for appellee.

    Case Number: S20A0355

    Trial Court Erred by Denying Appellant's Extraordinary Motion for a New Trial Without an Evidentiary Hearing

  • The State v. Gates

    Publication Date: 2020-05-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Sabrina Dawn Graham, Paula Khristian Smith, Christopher M. Carr, Channell Veena Singh, (Department of Law), Atlanta, Julia Anne Fessenden Slater, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellant.
    for defendant: Patrick Mulvaney, Katherine L. Moss, (Southern Center for Human Rights), Atlanta, Clare Melissa Gilbert, (Georgia Innocence Project), Decatur, for appellee.

    Case Number: S19A1130

    Trial Court Properly Determined That Defendant Should Receive a New Trial Because of Discovery of New Material and Exculpatory DNA Evidence

  • Nemeth v. Brenntag N. Am.

    Publication Date: 2020-04-15
    Practice Area: Evidence | Personal Injury | Toxic Torts
    Industry: Consumer Products
    Court: Appellate Division, First Department
    Judge: Justice Judith Gische
    Attorneys: For plaintiff: For Appellant-Respondent: Bryce L. Friedman and Eamonn W. Campbell of counsel, Simpson Thacher & Bartlett LLP, New York.
    for defendant: For Respondent-Appellant: Renner K. Walker and Robert I. Komitor of counsel, Levy Konigsberg LLP, New York.

    Case Number: 190138/14

    Record Evidence Allowed Jury to Find Asbestos Exposure Sufficient to Cause Mesothelioma

  • B.C. v. Steak N Shake Operations, Inc.

    Publication Date: 2020-04-13
    Practice Area: Civil Appeals | Civil Procedure | Evidence
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1008

    The court considered whether a trial court's recital in a final summary-judgment order that it considered "the pleadings, evidence, and arguments of counsel" included a late-filed response and attached evidence.

  • Earle v. City of New York

    Publication Date: 2020-03-24
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
    Judge: District Judge Sterling Johnson
    Attorneys: For plaintiff: Attorney for Plaintiff By: Baree N. Fett, Elefterakis Elefterakis & Panek, New York, NY.
    for defendant: Attorney for Plaintiff By: Jeffrey I. Weiner, Law Office of Jeffrey I. Weiner, New York, NY. Attorney for Defendant By: Angharad K. Wilson, New York City Law Department Corporation Counsel, New York, NY.

    Case Number: 16 CV 0171

    Fabricated Evidence Claims Rejected in Suit Following Altercation After Ticket Challenge