The Legal Intelligencer | News
By Riley Brennan | February 17, 2023
A federal judge in Pennsylvania shot down a plaintiff's motor vehicle accident case after he was caught lying under oath and presenting falsified documents.
The Legal Intelligencer | Commentary
By Jules Epstein | January 17, 2023
A cardinal principle for lawyers is that words count. A closing argument may run afoul of the law when "I believe" slips in; a case may be overturned when a judge ad-libs a jury instruction; and of course a jury may be misled when words are incomprehensible—the bane of most jury instructions—or simply dead wrong.
The Legal Intelligencer | News
By Aleeza Furman | January 9, 2023
Judge John Gallagher said the defendant offered no explanation as to why it would not produce the documents, something that was made more suspect in light of an earlier incident in which the defendant made factual misstatements about where its employees had worked.
The Legal Intelligencer | Commentary
By Jules Epstein | November 17, 2022
Is trial advocacy art, science, or some of each? The answer is definitely the third, although the science part often gets lost in the shuffle or is alleged science with no data to back it up [think 80% of juries decide the case after opening" or "a picture plus words causes 60% fact retention"]. Finding the true science for persuasion takes some work but pays off grandly.
The Legal Intelligencer | News
By Marianna Wharry | October 7, 2022
The Commonwealth Court held that the UCBR properly disregarded the school's hearsay evidence because it was not "corroborated by other competent evidence in the record" and notably lacked first-hand testimony of the incident with Rudnick.
The Legal Intelligencer | Commentary
By Jules Epstein | September 30, 2022
Poor lawyering—came to the fore in a recent challenge to a death sentence imposed over a quarter century ago. The context was a claim that there was a complete system failure—the quality of court-appointed counsel's lawyering so poor that who was counsel was a determining factor in whether a death sentence was returned.
The Legal Intelligencer | News
By Allison Dunn | July 15, 2022
"The Audit Report—which found that across departments, the city lacks proper policies for investigating complaints of sexual harassment and disciplining employees when those complaints are sustained—ties McCowan's hostile investigation to this larger city custom," wrote U.S. District Judge Karen S. Marston of the Eastern District of Pennsylvania.
The Legal Intelligencer | Commentary
By Jules Epstein | July 6, 2022
Justice Clarence Thomas, joined by five conservative colleagues, eviscerated federal habeas review in a recent decision, Shinn v. Ramirez, 212 L. Ed. 2d 713 (2022). To understand its devastating reach, one must understand how ineffective assistance of counsel claims are litigated.
New Jersey Law Journal | Analysis
By Michael Furey, Patrick J. McDonnell and Merrill E. Gershwin | June 16, 2022
Examining the methodology of 'peer review' and the need for courts to examine whether an expert's opinion is based upon vetted scientific research.
The Legal Intelligencer | News
By Max Mitchell | June 8, 2022
Counsel for the plaintiff said the Superior Court's decision was correct, and ruling otherwise "runs the risk of eviscerating strict products liability."
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