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Can Fitbit Records Lead to a Murder Conviction?
The use of the wearable device in a recent Connecticut case shows how data collected by such technology can make their way into court proceedings.
Court Rules Jury Can Hear Cosby's Quaaludes Testimony at Trial
A Montgomery County judge has ruled in Bill Cosby's criminal case that prosecutors may reference evidence from a 2005 civil deposition in which Cosby admitted to using Quaaludes to have sex with a woman. But other references to the civil case will be prohibited.
Seventh Circuit Holds DOJ Report Admissible on Municipal Liability Claim
Section 1983 Litigation columnist Martin A. Schwartz writes that a municipality sued under §1983 may not be held liable solely because it employed a constitutional wrongdoer. Rather, the plaintiff must demonstrate that the violation of her constitutional rights was attributable to the enforcement of a municipal policy or practice. Recently, the admissibility of U.S. Department of Justice reports on the issue of municipal liability has been central to several cases.
Defense Use of Facebook Posts as Evidence Barred in Med Mal Case
A medical malpractice defendant cannot submit into evidence Facebook posts of the plaintiff allegedly discussing his physical activity because the defendant was unable to produce the person who printed out the posts to be deposed, a state appeals court ruled.
Unified Front: Examining kCura and Guidance's Integrated Full EDRM Offering
Guidance Software and kCura look to play to each other's strengths to tap the demand for comprehensive review solutions.
Panel Rejects New Liability Theory in Med Mal Suit
A medical malpractice plaintiff cannot assert a new liability theory after the doctors and hospital she sued presented prima facie evidence that her hearing loss was a reasonable result of surgery, a Manhattan appeals court has ruled.
Notice of Surveillance to Non-Target, Non-Defendant Interceptees
In his Cyber Crime column, Peter A. Crusco addresses an interesting yet rarely litigated legal issue: whether individuals whose communications are intercepted, but are non-targets and never prosecuted, are entitled to notification and copies of the documents upon which the order for electronic surveillance was based.
The Spoliation Cause of Action: A Vampire in the Court System
Joseph S. Bavaro and Daniel Justus Solinsky write that despite the Court of Appeals seemingly driving a stake through the heart of the spoliation cause of action in 'Ortega v. City of New York,' like any good movie monster, somehow it appears to have mutated and survived, as a common law claim of tortious interference by an employer with an employee's cause of action against a third party.
First-Impression Ruling on Elder Abuse Reporters' Testimony Stands
The Pennsylvania Supreme Court won't disturb a first-impression Superior Court ruling that said the Older Adults Protective Services Act does not prevent individuals who report elder abuse from testifying in subsequent civil litigation.
Rule 30(e) and Changing Deposition Testimony in the Third Circuit
The Third Circuit Court of Appeals has provided guidance (and some degree of reassurance) to practitioners that Rule 30(e) has its limitations.TRENDING STORIES
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Law Firm Operational Considerations for the Corporate Transparency Act
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Practical Guidance Journal: Protecting Work Product in a Generative AI World
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