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October 25, 2021 | New York Law Journal

Digital Data Dumps and the 'Brady' Rule

The nascent case law in this area generally discloses that when a criminal case involves significant document disclosure by the prosecution, the defense may be well advised to seek an order compelling the government to identify and "designate in its discovery production all 'Brady' material."
13 minute read
February 17, 2021 | Texas Lawyer

5 Persuasive Rhetorical Techniques

The House impeachment managers presented compelling arguments against President Donald Trump in the recently concluded impeachment trial; Michael P. Maslanka explains how they did it.
6 minute read
January 31, 2018 | Daily Business Review

Travelers Should Know How Cruise Lines and Resort Operators Skirt Liability

The recent tour boat accident in Mexico involving 10 travelers sailing from Miami on Royal Caribbean is the second such accident within weeks of each other. On Dec. 19, 12 people died after a tour bus to Mayan ruins south of Tulum flipped on a two-way highway.
5 minute read
November 03, 2017 | Daily Report Online

$1M Settles Suit for Man Rear-Ended by Alleged DUI Driver

A few months after turning down a $450,000 offer to settle claims arising from an accident caused by an allegedly drunk defendant, the insurer paid $1 million to resolve the case.
3 minute read
September 19, 2016 |

Judge: Backpage Waived Attorney-Client Privilege, Can't Keep Documents From Senate

Backpage.com cannot invoke attorney-client privilege to withhold documents from a Senate investigation into online sex trafficking, a federal judge in Washington ruled Sept. 16.
10 minute read
November 11, 2015 |

In Unusual Ruling, Judge Nixes At Least 750 Diabetes Drug Cases

A federal judge's rare move has tossed out at least 750 failure-to-warn lawsuits filed against the makers of four diabetes drugs based on the federal pre-emption doctrine.
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
May 05, 2014 |

Admissibility of Email Under FRE's Business Records Exception

Jennifer Hurley Mcgay and Sujata M. Tanikella of Bingham McCutchen write: The predominance of email has forced courts to confront the question of whether—and when—emails may be admissible under Rule 803(6). The answer to this question varies considerably across jurisdictions and even among district courts within the same judicial circuit.
12 minute read
February 12, 2014 |

Expert's Refusal to Testify May Warrant Use of Former Testimony

In Carroll v. Philip Morris USA, C.A. No. 03C-08-167 (January 2, 2014), the Delaware Superior Court reminded litigants of the need to be prepared to confront the testimony of unavailable witnesses, not just witnesses expected to testify live. Generally, a witness's out-of-court statements would constitute hearsay, defined as out-of-court statements offered in evidence to prove the truth of the matter asserted, and would be inadmissible. However, the numerous exceptions to the exclusion of hearsay are well established, including situations when a witness is unavailable. As Carroll shows, the application of the unavailability exception can be unpredictable and, sometimes, surprising.
5 minute read
December 11, 2013 |

Evaluating Confidential Informant Allegations Under 'Tellabs'

In their Corporate and Securities Litigation column, Sarah S. Gold and Richard L. Spinogatti of Proskauer Rose write: Since the U.S. Supreme Court's decision in 'Tellabs', federal courts have wrestled with its impact on the use of confidential informant allegations in federal securities complaints. There appears to be widely divergent views on this subject, partly mitigated by the differing facts of the cases in which the issue is raised.
10 minute read

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