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April 28, 2015 |

Panel Upholds Late-Diagnosis Award, Avoids Expert Issue

An oncologist's expert testimony in a medical malpractice case against a podiatrist did not compromise the validity of the plaintiff's verdict, the state Superior Court has ruled, upholding a $750,000 award.
4 minute read
April 21, 2015 |

Timing of Expert Disclosure Under CPLR 3101(d)

Kevin G. Faley and Andrea M. Alonso review relevant decisions to conclude that neither the First nor Second Department seems inclined to draw a "bright-line" rule on whether expert disclosure after the Note of Issue and Certificate of Readiness have been filed is considered untimely.
12 minute read
April 20, 2015 |

Don't Assume Your HR Reports Are Privileged

For in-house attorneys and HR officials, there's a bigger Chipotle story than what a certain presidential candidate ordered in her burrito bowl.
2 minute read
April 20, 2015 |

Matter of Ethen H.

Child's Out-of-Court Statements Inadmissible Hearsay, Caseworker May Not Testify as to Them
2 minute read
April 01, 2015 |

Judge Won't Modify Broad Protection Order in Paterno Suit

A broad protection order barring disclosure of pretrial discovery materials will stay in place in the Paterno v. NCAA suit, the judge overseeing the case has ruled.
4 minute read
March 24, 2015 |

Pa. Supreme Court Denies Allocatur in Rollover Case

After an allocatur denial by the state Supreme Court, a suit against a car dealership involving a vehicle rollover will be reinstated.
4 minute read
March 24, 2015 |

Judge Seeks Precision in Cephalon Expert Reports

Defense lawyers have 30 days to whittle down their 13 voluminous expert reports to the essential points before the federal judge overseeing the case decides who will be allowed to testify to what at trial.
4 minute read
February 05, 2015 |

Attorney-Client Privilege: Ambac's New Exception to Waiver

In his Evidence column, Michael J. Hutter writes: In a recent decision that has caught the attention of the mergers and acquisitions bar, the First Department recognized an exception to the voluntary disclosure/waiver rule, holding under New York's "common interest" rule an exchange of privileged information made among merging entities and their attorneys prior to closing does not destroy the confidentiality status of the exchanged information.
12 minute read
February 04, 2015 |

Panel Admits Hearsay Testimony in Pretrial Suppression Hearing

Though one of the officers involved in a drunken driving arrest died before he could testify on the circumstances of the stop, a Brooklyn appellate panel said authorities still established probable cause through the testimony of an officer who subsequently arrived at the scene.
3 minute read
January 28, 2015 |

Citing Evidence of Lying, Judge Says Attorney-Client Privilege May Be Pierced in Health Fraud Case

A federal judge in Atlanta said that "troubling revelations" about testimony by current and former employees of a national chain of dialysis clinics being sued by whistleblowers prompted him on Tuesday to personally question the employees about whether the chain's lawyers may have prompted them to lie under oath.
8 minute read

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