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May 19, 2023 | Law.com

'This Is Fraud': Plaintiff Wins Key Ruling Over Expert's Talc Report, Files Sanctions

U.S. Magistrate Judge Valerie Figueredo, in New York, denied a demand from defendants to disclose of 33 individuals in plaintiff's expert Dr. Jacqueline Moline's 2019 report, used in talc cases nationwide to link cosmetic talc to mesothelioma.
5 minute read
May 17, 2023 | Law.com

State High Court Reinstates Privileges After Officer Fails to 'Fully Advise Driver' of Refusing Alcohol Screening Test

                    The North Dakota Supreme Court reinstated a man's…
6 minute read
March 15, 2023 | Law.com

'That Is a Glock 26 in My Judgment': 1st Circ. Says Judge Was Allowed to Draw on Personal Gun Knowledge During Probation Hearing

The U.S. Court of Appeals for the First Circuit rejected a defendant's claims that a judge in Massachusetts improperly relied on "personal observations about his own, private gun collection" during a probation violation hearing when determining that at least one weapon shown in a video was a real firearm.
5 minute read
February 09, 2023 | Daily Report Online

Georgia Appeals Court: BOLO Call Insufficient Basis for Traffic Stop That Led to Drug Charge

"Here, the BOLO for an aggressive driver in a gray passenger vehicle traveling on Mulberry Rock Road with an orange out-of-state tag was, without more information, too generalized to warrant a traffic stop because '[t]his description would cover a staggering number of vehicles and drivers in the State of Georgia' and cannot create a reasonable suspicion to stop the vehicle,"' Court of Appeals Judge Ben Land wrote.
4 minute read
February 08, 2023 | Law.com

'Fourth Amendment-Free Zone'?: Ruling Upholding Public Safety Stop-Turned-Arrest Divides Appeals Panel

The Kansas Court of Appeals affirmed a lower court ruling that a sheriff's deputy did violate a man's Fourth Amendment rights by attempting a public safety stop that turned into an arrest, drawing a strong dissent that argued "the state failed to present objective, specific, and articulable facts" showing the stop had been lawful.
5 minute read
January 12, 2023 | New York Law Journal

Confession Suppressed, Vaccine Mandate Not Enjoined, Restitution Not Terminated

In this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions, including: granting a defendant's motion to suppress his confession; denying a motion for a preliminary injunction enjoining New York City from enforcing COVID-19 vaccine mandates; and denying a defendant's request to terminate his restitution obligation.
8 minute read
November 07, 2022 | National Law Journal

In Jan. 6 Cases, Judge Amy Berman Jackson Warns of Danger to Democracy

"The judiciary, of all people, must make it clear that it is not patriotism, it is not standing up for America to stand up for one man who knows full well that he lost instead of the Constitution he was trying to subvert," Jackson told one Jan. 6 defendant.
8 minute read
November 06, 2022 | New York Law Journal

From Alex Jones to Clarence Thomas: What's Behind These Inadvertent Dropbox Disclosures?

Another Dropbox blunder leading to the release of private emails in the Jan. 6 riots investigation has some asking if lawyers can handle file sharing platforms. For its part, New York is helping attorneys stay ahead of the game with a new cybersecurity CLE requirement.
6 minute read
November 04, 2022 | Legaltech News

From Alex Jones to Clarence Thomas: What's Behind These Inadvertent Dropbox Disclosures?

Another Dropbox blunder led to the release of private emails in the investigation of the Jan. 6 riots, begging the question: Are file sharing platforms lawyers' kryptonite?
6 minute read
September 30, 2022 | The Legal Intelligencer

'Poor Lawyering'—Lessons From an Old Capital Case

Poor lawyering—came to the fore in a recent challenge to a death sentence imposed over a quarter century ago. The context was a claim that there was a complete system failure—the quality of court-appointed counsel's lawyering so poor that who was counsel was a determining factor in whether a death sentence was returned.
4 minute read

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