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April 03, 2024 | New York Law Journal

Attorney-Client Privilege and Dual-Purpose Communications

Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
13 minute read
July 15, 2021 | Law.com

Law.com Litigation Trendspotter: Surveillance Video Spoliation Rulings Hold Hard Lessons for Defendants and Plaintiffs Alike

Spoliation rulings in state and federal courts across the country over the past year demonstrate the harsh consequences for defendants who fail to preserve video evidence in slip-and-fall cases—and for plaintiffs who fail to properly raise the issue of spoliation prior to trial.
9 minute read
December 05, 2018 | New York Law Journal

Questioning Adverse Parties and Hostile Witnesses on the Direct Case: New York's Approach

Evidence columnist Michael J. Hutter explores New York's rules governing the questioning, including impeachment, of adverse parties and hostile witnesses on a party's direct case.
10 minute read
March 14, 2018 | Daily Report Online

Death Penalty Debate as 'Stocking Strangler' Execution Nears

A defense lawyer for Georgia death row inmate Carlton Gary argues his innocence. Attorney General Chris Carr summarizes the case.
13 minute read
March 29, 2016 |

Role of the Arons Interview of Nonparty Physicians

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara D. Goldberg write that in the nine years since the Court of Appeals decided 'Arons v. Jutkowitz', the approach to informal interviews of nonparty treating physicians has stabilized, and the courts have protected this valuable resource for the trial attorney.
29 minute read
February 03, 2016 |

Fiduciary Exception to Privilege in Shareholder Actions

In his Evidence column, Michael J. Hutter discusses whether a corporation and its attorneys must disclose privileged communications relevant to corporate matters to shareholder plaintiffs in actions based upon breaches by management of their fiduciary duties or other wrongdoing arising out of those matters.
11 minute read
December 03, 2015 |

Impeachment of Trial Witnesses and the Collateral Evidence Rule

In his Evidence column, Michael J. Hutter furthers his discussion of New York's collateral evidence rule, which bars the contradiction of a witness's answers concerning collateral matters by the introduction of extrinsic evidence for the sole purpose of impeaching credibility.
12 minute read
May 08, 2015 |

Testimony on Knife Adds Another Claim to Tankleff Suit

As Martin Tankleff presses his case against Suffolk County and various detectives for their liability in his now-vacated convictions in the murder of his parents, a federal magistrate judge has decided he can include a claim that defendants failed to disclose a medical examiner's doubts about the purported murder weapon.
5 minute read
November 07, 2014 |

Company Seeks $495K on Top of $500K Trade Secrets Verdict

An Atlanta plastics distributor that was awarded almost $500,000 by a Fulton County jury in a trade secrets case is seeking more than $485,000 in fees and expenses.
6 minute read
October 02, 2014 |

Admissibility of Habit Evidence in Negligence Actions

In his Evidence column, Michael J. Hutter writes that while habit evidence is admissible under FRE 406 in negligence actions to show what occurred on the occasion of a person's injury, or careful or careless conduct on the issue of the person's negligence or comparative fault without any limitations, present New York law is restrictive regarding the admissibility of habit evidence in negligence actions.
11 minute read

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