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January 13, 2017 |

Judge Approves Subpoena for Docs Underlying Guilty Plea in Opioid Civil Suit

A man suing Cephalon over claims its fentanyl lollipop was overly addictive and led to his son's eventual methadone overdose will be allowed to subpoena federal prosecutors for documents related to a guilty plea the company entered over its marketing practices.
10 minute read
January 13, 2017 |

Importance of Non-Party Depositions to the Defense of Med Mal Cases

In their Medical Malpractice Defense column, John L.A. Lyddane and Barbara Goldberg write: Non-party depositions will add time and expense to the preparation of the defense for trial, and a corresponding benefit may not initially be obvious. The challenge is to determine in advance which non-party should be deposed.
14 minute read
January 12, 2017 |

Prosecutors, SEC Fight to Save Dewey Bankruptcy Records Before Retrial

In an unusual move, the Manhattan district attorney and the Securities and Exchange Commission have rushed to intervene in the Dewey & LeBoeuf bankruptcy case, challenging the trustee's plans to destroy records and emails that the government said it needs to prosecute the firm's former leaders.
7 minute read
January 06, 2017 |

Christian v. Weis Markets, PICS Case No. 16-1567 (C.P. Lackawanna Dec. 8, 2016) Minora, S.J. (memorandum) (10 pages).

Litigation in an apparent personal injury case prompted a request by defendant to have two court-ordered examinations performed on plaintiff. The court balanced the defendant's right to obtain an independent examination against the plaintiff's right to privacy and judicial economy, and determined that one examination was allowable. Defendant's motion to compel two examinations was denied.
3 minute read
January 06, 2017 |

Court: Evidence of Plaintiff's Drinking Inadmissible in Crash Case

A plaintiff in a motorcycle accident case was prejudiced by the admission of evidence of his alcohol consumption because there were no signs that he was intoxicated at the time of the crash, the Pennsylvania Superior Court has ruled.
10 minute read
January 04, 2017 |

Ethics of Using Hacked Information to Prosecute Criminal and Civil Claims

Rahul Mukhi and Martha Vega-Gonzalez write: The documents contained in WikiLeaks, the Panama Papers and other troves of information never meant for public consumption have no doubt piqued the interest of prosecutors and plaintiffs' lawyers. However, there are significant legal and ethical pitfalls in taking information illegally obtained by hackers and using it in litigation, whether criminal or civil.
21 minute read
December 30, 2016 |

Government Appeals Judge's Suppression of Wiretap, GPS Data

Prosecutors are appealing the suppression of wiretap evidence by a judge who said a federal agent perjured himself on a wiretap application.
6 minute read
December 23, 2016 |

Forensics Panel to Discuss Familial DNA Searching

A state criminal forensics commission has scheduled a meeting in February to hear experts speak about whether the panel should recommend permitting familial DNA searching in New York. The technique would allow police to investigate people who are highly likely to be related to unidentified individuals whose DNA is found at crime scenes.
3 minute read
December 23, 2016 |

Search Engine Evidence and the 'Aguilar-Spinelli' Test

In his Cyber Crime article, Peter A. Crusco writes: New technologies inspire clever criminals, requiring more advanced law enforcement crime fighting methodologies. Arguments against arrest usually include the application of long-established legal rules to challenge these new government investigative methodologies. The article demonstrates how one such rule, the 'Aguilar-Spinelli' test, has been asserted in an attempt to undermine search engine evidence used in search warrant applications.
24 minute read
December 21, 2016 |

Rights Group: Testimony Links Colombia General to Killings

Human Rights Watch says that sworn testimony from six Colombian generals implicates the former head of the U.S.-backed army in the extrajudicial killings of civilians.
6 minute read

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