The Legal Intelligencer | News
By Zack Needles | April 4, 2019
Despite the Pennsylvania Superior Court en banc's deep split on the issue, the state Supreme Court will not review a ruling that a litigant who asserts attorney-client privilege before trial may not unfairly surprise their adversary by waiving that privilege on the stand.
The Legal Intelligencer | News
By Max Mitchell | March 28, 2019
A mortgage company seeking to authenticate loan documents recorded and transferred between prior companies does not need to have employees from each of the prior loan holders testify in court to authenticate the information, the Pennsylvania Supreme Court has ruled, providing guidance on an issue that is increasingly coming before the courts.
The Legal Intelligencer | News
By Zack Needles | March 28, 2019
A three-judge appeals panel ordered a new trial for plaintiff Harriet Marshall because the Philadelphia Court of Common Pleas judge who oversaw her first trial failed to give the jury an adverse inference instruction based on defendant ShopRite's spoliation of evidence.
By Leonard Deutchman | March 28, 2019
The differences between digital and paper records and data may make application of the rules difficult, if not impossible.
The Legal Intelligencer | News
By Max Mitchell | March 18, 2019
U.S. District Judge Gerald McHugh of the Eastern District of Pennsylvania last week issued an order asking the parties to either agree on an expert to evaluate the audio tape or submit names of qualified experts who could review the tape for authenticity.
The Legal Intelligencer | Commentary
By James W. Cushing | March 18, 2019
Pennsylvania Superior Court recently heard a rather complex and tangled case regarding how, when and what significance a paternity test may have in determining the paternity of a child.
The Legal Intelligencer | Commentary
By Jules Epstein | March 15, 2019
In a trial, or in a Congressional hearing, it is fair to test a witness' credibility. Congress has no rules of evidence—but those applied at trial are informative and help the discussion of whether Cohen's having girlfriends while married is fair game.
New Jersey Law Journal | Analysis
By Gerald H. Baker | February 18, 2019
A series of precedential cases addresses the use of opinions of non-testifying experts.
The Legal Intelligencer | Commentary
By Daniel E. Cummins | February 7, 2019
Over the past year, the Pennsylvania state trial and appellate courts have continued to grapple with issues pertaining to social media discovery as well as the admissibility of social media evidence at trial.
The Legal Intelligencer | Commentary
By Stephen A. Miller and Leigh Ann Benson | January 9, 2019
The Supreme Court is currently re-considering the separate sovereigns exception to the Fifth Amendment's Double Jeopardy Clause. This doctrine, which has existed for nearly 200 years, allows a state government to bring charges for conduct that has already been the subject of federal prosecution (and vice versa).
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