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Prosecution Frames Kane's Grand Jury Leak as Act of Revenge
Revenge and retaliation were at the root of Attorney General Kathleen Kane's alleged leak of grand jury information and her ensuing cover-up, prosecutors argued to the jury Tuesday as her criminal trial began.
Use of Disciplinary Action in Med-Mal Litigation Prohibited
Joseph D. Nohavicka of Pardalis & Nohavicka discusses 'Mazella v. Beals', in which the court determined that it was improper to admit a consent agreement between the defendant doctor and the Office of Professional Medical Conduct, which contained evidence of the doctor's negligent treatment of 12 unrelated patients.
Court of Appeals Re-Examines the 'Wrong Person' Defense
In his Criminal Law and Procedure column, Barry Kamins writes: In a series of recent decisions, the New York Court of Appeals has revisited the 'wrong person' defense—an offer of evidence that a third party committed the crime. Stressing that the quality of proof of third-party culpability can vary depending on the nature of a case, the court held that, under certain circumstances, an offer of proof can consist of hearsay evidence with the understanding that the defendant will be prepared at a trial to present the evidence in admissible form.
Hospital Error Reports Have 'Absolute Privilege,' Court Rules
A New Jersey appeals court has ruled that documents prepared by a health care facility to be filed with the state Department of Health following incidents in which a patient is injured or dies are not subject to discovery in medical malpractice cases, even if the facility fails to comply with reporting requirements.
The Best Evidence Rule and Video Recordings
Carmen Jack Giordano addresses holdings in which an original video recording has been destroyed or is otherwise unavailable and secondary evidence is offered in lieu of the original.
Courts Tackle Centre Co. Open Records Disputes
In Centre County, disagreements over open records requests have entangled county authorities, particularly the district attorney, in multiple legal battles spread across the county trial court, the intermediate state appellate courts and federal court.
E-Discovery Unit Thrives in Washington Under Winston & Strawn
Winston & Strawn's John Rosenthal has been in the e-discovery business almost since before there was a business. Previously a partner at Howrey, he worked with the now defunct firm to start a similar business to the one he took to Winston in 2008. The firm's e-discovery center, staffed by career associates and other in-house workers, took on almost 90 percent of the e-discovery and data work for its clients.
State, Federal Courts Diverge on Internal Affairs File Discovery
In a decision that contrasts with a federal magistrate's recent ruling in a similar case, a state appeals court has reversed an order compelling the New Jersey State Police to produce 373 internal affairs files in connection with an excessive-force suit.TRENDING STORIES
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