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Case digests, coverage of key rulings, and analysis of trends
By Jules Epstein | March 23, 2023
Civil and criminal court litigators—beware. A recent decision of the Pennsylvania Superior Court, in a criminal appeal, has radically upset the calculus lawyers must perform if they lose a motion in limine and want to decide whether to front (or "own") the bad fact. Doing so may now cost a litigant the chance to claim error on appeal.
4 minute read
By Riley Brennan | March 20, 2023
"The defendant told the officer that 'he was coming on the on-ramp and, then, he hit the snow and, then, lost traction and went into the woods,'" Associate Justice Joseph M. Ditkoff wrote on behalf of the unanimous panel, with Associate Justices Sabita Singh and Marguerite T. Grant concurring. "The defendant further explained that he had driven from Belmont, where he was a barber, and had stopped for dinner and drinks. At booking, the defendant said, 'I think I have a concussion, I might need to see someone'."
4 minute read
By Allison Dunn | March 15, 2023
The U.S. Court of Appeals for the First Circuit rejected a defendant's claims that a judge in Massachusetts improperly relied on "personal observations about his own, private gun collection" during a probation violation hearing when determining that at least one weapon shown in a video was a real firearm.
5 minute read
By Brad Kutner | March 15, 2023
The law firm was asked by the agency for documents following a hack of the firm in 2020. While they complied with parts of the request, the firm refused to hand over its client list.
3 minute read
By Jane Wester | March 10, 2023
E. Jean Carroll's lead attorney Roberta Kaplan of Kaplan Hecker & Fink had argued that the tape constituted evidence of Trump's modus operandi.
3 minute read
By Aleeza Furman | March 8, 2023
Justice Christine Donohue and Chief Justice Debra Todd were the most vocal questioners during Wednesday's arguments in Sullivan v. Werner—a case poised to bring clarity to an issue left open by the high court's influential 2014 ruling in Tincher v. Omega Flex.
3 minute read
By Ellen Bardash | March 3, 2023
It's the only jury verdict Judge Mary M. Johnston has overturned in two decades on the bench, and it's one of just 11 times in the past 10 years a Delaware Superior Court judge has granted a new trial in any type of case.
4 minute read
Delaware Business Court Insider
By Ellen Bardash | March 3, 2023
It's the only jury verdict Judge Mary M. Johnston has overturned in two decades on the bench, and it's one of just 11 times in the past 10 years a Delaware Superior Court judge has granted a new trial in any type of case.
4 minute read
By Ellen Bardash | March 3, 2023
Conduent State Healthcare sought coverage for its $236 million settlement with the Texas Attorney General's Office in 2019, which resolved claims of Medicaid fraud.
4 minute read
By Isha Marathe | February 24, 2023
A lack of knowledge about FRE 502(d)—the easiest and most fool-proof of safety nets—has kept attorneys and judges from utilizing the valuable claw back provision. But Judges Andrew Peck and Paul Grimm warn that, with increasing digital evidence, such ignorance is tantamount to malpractice.
7 minute read
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