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December 09, 2015 |

Hearsay and the Corporate Representative Witness: Two Takes on Testimony

When a toxic-tort plaintiff calls a corporate representative witness during the plaintiff's case-in-chief, this can give the plaintiff an opportunity to introduce "bad" company testimony through the mouth of the corporate defendant's own witness.
6 minute read
October 26, 2015 |

Lawyer Faces Sanctions Over Missing Emails in Legal Mal Suit

A lawyer who represents charities has been accused of destroying 16 years' worth of emails relating to a legal malpractice suit filed against him by principals of a defunct Edison fundraising company.
4 minute read
August 26, 2015 |

Use of Social Media Against Personal Injury Defendants

Theodore W. Ucinski III and Jamie R. Prisco examine the recent trend in New York of restaurants', retail stores', or malls' social media posts or websites being used against them by injured plaintiffs, and provide some general recommendations as to how defense counsel and their clients should treat social media while involved in such litigation.
10 minute read
June 12, 2014 |

But My Expert's Affidavit Was Flawless, Wasn't It?

Ellen H. Greiper and Scott P. Eisenberg of Goldberg Segalla write: How can even the most favorable expert's affidavit prove fatal to your client's case? Of the several answers to this query, one is where the expert is located outside of New York, and the attorney fails to conform the expert's affidavit.
5 minute read
June 02, 2014 |

MTA Penalized $10,000 for Evading Discovery

The Metropolitan Transportation Authority withheld discovery information, not only from a plaintiff allegedly injured by an MTA police vehicle but also from its own in-house lawyers, an appellate panel has found.
4 minute read
April 17, 2014 |

Judge Blocks Testimony of Appraiser in Dryer Fire Suit

A proposed expert in a dryer fire case won't be able to testify about the value of damaged and destroyed sketches, drawings and other artwork by the late fashion designer Oleg Cassini.
4 minute read
January 08, 2014 |

No Spoliation if Data Only Delayed, Court Says in Vacating Sanctions

A New Jersey appeals court reverses a $2.6 million damages judgment and a $107,858 sanction in a workers' compensation fraud case, finding the trial judge wrongly characterized as spoliation the defendant's delay in providing evidence.
3 minute read

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