Case digests, coverage of key rulings, and analysis of trends
By therecorder | The Recorder | September 14, 2017
C.A. 4th; D070484 The Fourth Appellate District affirmed in part and reversed in part a trial court order awarding fees. In the published portion of…
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By Martin A. Schwartz | September 14, 2017
In his Section 1983 Litigation column, Martin A. Schwartz writes: For a §1983 claim based upon a law enforcement officer's perjurious testimony to succeed, the plaintiff will have to overcome the officer's absolute witness immunity, which applies regardless of how malevolent the officer's wrongdoing, or how injurious it was to the arrestee, and even if it caused a wrongful conviction.
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By newyorklawjournal | New York Law Journal | September 14, 2017
Suppression of Evidence Denied Where Probable Cause Derived from Intercepts
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By newyorklawjournal | New York Law Journal | September 12, 2017
Declaration Stricken Where Declarant Failed To Adequately State Basis for Knowledge
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By thelegalintelligencer | The Legal Intelligencer | September 12, 2017
The trial court did not err in granting the defendant general contractor's motion for nonsuit at the close of plaintiff's case and before all defendants offered their evidence where the other defendants in the case did not plan to offer evidence of the contractor's liability. The court affirmed an order granting the general contractor non-suit.
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By PAUL BUBNY | September 12, 2017
NEW YORK CITY—A pair of back-to-back hurricanes in the space of a week may cause a near-term rise in CMBS delinquencies, according to Fitch Ratings and S&P Global Ratings. The exposure of billions of dollars in securitized commercial mortgages to the effects of Hurricanes Harvey and Irma comes as maturity performance is largely in line with expectations and the delinquency rate continues to decline.
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By newyorklawjournal | New York Law Journal | September 7, 2017
The Court of Appeals heard arguments Thursday in the case of a man convicted of burglary based largely on forensic blood evidence destroyed by floodwaters from Superstorm Sandy.
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By Andrea M. Alonso and Kevin G. Faley | September 7, 2017
Andrea M. Alonso and Kevin G. Faley discuss cases illustrative of the determination a court makes in weighing whether to accept a child's testimony.
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By Benjamin Dynkin and Barry Dynkin | September 6, 2017
Benjamin Dynkin and Barry Dynkin write: We live in a truly digital age, where we fill 250,000 Libraries of Congress per day. Naturally, this data has begun to seep into our legal system, but lawyers and litigants have not paid close enough attention to how that data can be used. With a clever forensic technician, an attorney can request access to and analyze a nigh unlimited amount of data, which can be used to impeach a witness's credibility to devastating effect.
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By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
The court could not determine if the trial court erred in finding that defendant's consent to a blood draw was involuntary where it failed to make factual findings regarding whether defendant consented to the blood draw before or after being improperly warned of the criminal consequences of refusal. The court reversed a trial court suppression order and remanded.
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