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April 14, 2017 |

Superior Court Fine-Tunes 'Tincher' in Upholding Defense Verdict

A Pennsylvania Superior Court panel has upheld a defense verdict in one of the first products liability cases to be appealed in the wake of the game-changing Tincher v. Omega Flex decision that recalibrated products liability in Pennsylvania.
7 minute read
April 13, 2017 |

Adoption of Expanded DNA Sampling Delayed by Board

A state panel of forensics experts put off its proposed adoption this week of expanding the use of DNA searches in New York state.
3 minute read
April 12, 2017 |

Ruling Should Prompt Appellate Update

One hoped-for effect of the Court of Appeals' approval of visual aids is that it might inspire the appellate division to re-examine the blanket prohibition against images in briefs.
4 minute read
April 10, 2017 |

Florida House, Senate Differ on 'Stand Your Ground' Change

The House and Senate are in a standoff, for now, about a controversial bill dealing with "stand your ground" self-defense cases.
7 minute read
April 10, 2017 |

Special Master Pegged for Alcotest Calibration Dispute

The special master must determine whether a failure to use the proper thermometer to calibrate Alcotest machines undermined hundreds of drunken driving breath test results.
6 minute read
April 10, 2017 |

Silence (or Evasion) Implies Sanction: 'People v. Vining'

Joseph D. Nohavicka discusses the recent Court of Appeals holding that broadly imposes an affirmative duty on individuals to speak when confronted with an accusation.
12 minute read
April 07, 2017 |

Court: Mention of Excluded Causation Theory Requires New Trial

Defense counsel's references to a theory of causation that had been excluded pretrial were prejudicial to the plaintiffs, a divided state Superior Court panel ruled, granting a new trial in a medical negligence case.
10 minute read
April 05, 2017 |

'People v. Vining': Adoptive Admissions by Silence

In his Evidence column, Michael J. Hutter analyzes an Court of Appeals decision that is instructive on what is necessary to show a defendant's silence or evasive responses to an accusation are considered assent to the statement, thereby placing it within the adoptive admissions exception to the hearsay rule.
20 minute read
April 04, 2017 |

PowerPoints at Trials Must Be 'Within the 4 Corners of the Evidence': Court of Appeals

While nothing prevents the use of PowerPoint in summations to jurors during New York trials, the state Court of Appeals cautioned Tuesday that the same rules "governing the bounds of proper conduct" apply to the computer-aided presentations as to other statements and displays.
8 minute read
April 03, 2017 |

Web-Based Publications as Prior Art Under Section 102

A review of federal court decisions, and strategies for petitioners looking to qualify a reference as prior art, with particular attention to web-based references.
18 minute read

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