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September 07, 2023 | New York Law Journal

'Palpable' Uncertainty: Supreme Court Asked to Review Cellphone Searches at the Border

Among the courts that have opined on cellphone searches is U.S. District Judge Jed Rakoff of the Southern District of New York, who held that "phone searches at the border generally require warrants outside exigent circumstances."
5 minute read
May 20, 2022 | New York Law Journal

An Insurer's Ongoing Battle To Limit Disputable Discovery

Proactively limiting discovery, or shielding information, may not be an effort to hide such information from a litigant, but necessary to avoid irrelevant information from impacting a motion for summary judgment or more importantly, a jury's decision.
9 minute read
March 29, 2022 | Law.com

2nd Cir.: Pandemic 'Created Circumstance Beyond Parties' Reasonable Control' Under Force Majeure Clause

The dispute involved an agreement for the sale of a painting.
5 minute read
October 18, 2021 | Daily Business Review

It Took Years of Work by Lawyers, But Florida Jury Returned a Near $1 Million Verdict in Personal Injury Case

"I don't believe in demanding the jury for a certain amount, because it's not how I present to a jury. We give them a lot of elements on how they can go back and then come back with a number for the pain and suffering," attorney Connell said.
5 minute read
April 07, 2021 | New York Law Journal

A Policy Exhaustion Refresher and Questions of Applicable Law, Discoverability

In this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth provide an update on a prior split between the Appellate Terms in the First and Second Departments concerning exhaustion of the policy limits, and discuss decisions involving conflicts of law and discoverability of a special investigative unit (SIU) file, respectively.
10 minute read
October 14, 2020 | New York Law Journal

Lay Opinion in the Context of Medical Malpractice Defense

The neatly divided roles of fact witness, expert witness and finder of fact are understandable in theory, but have not always been easy to apply to the evidence in a given case, as explored by John L.A. Lyddane in his column on Medical Malpractice Defense.
8 minute read
March 12, 2020 | Daily Report Online

Federal Jury Nixes Family's Claims for Burned House, Orders Insurer Reimbursed

A Lithonia family seeking more than $700,000 for losses in a house fire got nothing from a federal jury, instead ordering them to reimburse Travelers Insurance's cash advance and investigation costs.
3 minute read
February 14, 2020 | Connecticut Law Tribune

Her Cellphone Knew Her Every Move: Good Thing in This $900K Connecticut Case

With the help of forensic investigators, Waterford attorney James Harrington secured a $900,000 settlement for his client injured in a New Britain bicycle accident.
3 minute read
December 12, 2019 | New York Law Journal

Border Crossing Statements, Hearsay, Compelled Arbitration

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision denying a motion to suppress statements made during detention at a border crossing; a ruling on the admissibility of certain hearsay statements as present sense impressions and excited utterances; and a decision holding that a collective bargaining agreement did not give defendant company the right to compel arbitration of a sexual harassment claim.
9 minute read
March 19, 2018 | The Legal Intelligencer

Responsibilities of Airlines to Provide Safe Travel for Animals

Traveling with a pet can create quite the dilemma. Many pet owners are reluctant to leave their pets behind when they travel, but traveling by air can be both stressful and, at times, dangerous for pets.
6 minute read

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