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Chevron in Ecuador: Forum Shopper's Revenge
Hit by a historic judgment in Ecuador, Chevron Corp. used cloak-and-dagger tactics to expose a historic fraud.
Excited Utterances and Present Sense Impressions: Time to Reevaluate?
In his Evidence column, Michael J. Hutter writes that in a recent garden variety case in which a 911 call was admitted under the hearsay exceptions for present sense impressions and excited utterances, the Seventh Circuit expressed its view that those exceptions do not necessarily rest on a sound foundation.
Drivers' Phone Use Doesn't Support Punitives, Rulings Say
Attorneys seeking punitive damages against drivers who were talking on their cellphones at the time of an accident need to show a little more than just cellphone use, attorneys who spoke with the Law Weekly said.
Obtaining Cell Phone Records in Civil Litigation
Jeff S. Korek writes that with studies showing as much as 23 percent of all car accidents involved distracted drivers using their cell phones, it would seem logical that civil litigants involved in motor vehicle accident cases should be able to obtain the cell phone records of an opposing driver in order to help prove fault. Yet, surprisingly, it is very difficult to obtain such records.
Medical Details Not Needed to Establish Toxic Tort Case
Clarifying the rules of discovery in lead paint and toxic tort cases, the Court of Appeals on Thursday held that plaintiffs do not have to establish causation at the earliest litigation stages by providing detailed medical records supporting each allegation of harm.
Superior Court Says 'Sparse' Report Won't Preclude Expert
A suit against a car dealership involving a vehicle rollover will be reinstated after the state Superior Court found that the trial court lacked sufficient information to determine the plaintiffs' expert report was legally incompetent.
Report: GM Legal Department Focus of Internal Investigation
General Motors Co. is looking into how its legal department handled a wrongful death case that helped lead to disclosure of the ignition switch defect at the center of the company's recent recalls.
Report: GM Legal Department Focus of Internal Investigation
General Motors Co. is looking into how its legal department handled a wrongful death case that helped lead to disclosure of the ignition switch defect at the center of the company's recent recalls.
The Basis Hearsay Conundrum: More on 'State v. Floyd Y.'
In his Matrimonial Practice column, Timothy M. Tippins writes: When an expert relies upon out-of-court statements derived from interviews or from the review of documents, the evidentiary doctrine of expert testimony intersects directly with the core evidentiary principle forbidding hearsay evidence. The Court of Appeals recently confronted this Gordian knot of evidence law; the resulting split decisions underscore both the convolution of the "basis hearsay" issue and the futility of efforts to resolve the central conundrum that it presents.TRENDING STORIES
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