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Case digests, coverage of key rulings, and analysis of trends
By Max Mitchell | June 23, 2017
In a ruling that placed on pause an 11-year-old whistleblower suit against Pfizer, a federal judge has granted an immediate appeal on three issues that weigh into unsettled areas of law related to the False Claims Act.
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By Paul Shechtman | June 23, 2017
Wonder Woman is a box office hit; Rotten Tomatoes rates it at 92 percent. This past week, I saw it with the Bracewell first year and summer associates and was wowed. But what is little known to lawyers—despite a brilliant book by Harvard historian Jill Lepore—is the role of Wonder Woman's creator, Dr. William Mouton Marston, in the history of evidence law.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Separate search warrant was not required to conduct DNA analysis for identification purposes where individual did not have protectable privacy interest in identification. Judgment of sentence affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in suppressing evidence found on defendant's person after a vehicle stop since the arresting officer was acting under a municipal drug task force agreement that did not require county ratification and, thus, his conduct did not violate the Municipal Police Jurisdiction Act. The appellate court reversed the trial court's order of suppression.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Under the "plain feel doctrine," police had probable cause to arrest defendant where the arresting officer frisked him and detected what he immediately recognized as narcotic packaging hidden in defendant's groin area. The court denied defendant's omnibus pretrial motion to suppress evidence.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly terminated mother's parental rights where child was adjudicated dependent shortly after birth, had strongly bonded with foster/pre-adoptive mother and mother's mental health and drug and alcohol problems interfered with her ability to care for the child, she had not utilized all available resources to deal with her problems and failed to do what needed to be done to establish a parent-child relationship with the child. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Prior inconsistent recorded statement about defendant's intoxication was properly admitted, under the trial court's discretion, to impeach a witness, where the jury as factfinder could determine whether the recorded statement was inconsistent with the witness' trial testimony and weigh the witness' testimony and credibility accordingly. Judgment of sentence affirmed.
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By Michael Booth | June 21, 2017
In a rare self-reversal, the New Jersey Supreme Court has overturned its five-year-old ruling that permitted appeals courts judges to use their own judgment in reviewing decisions made by trial judges regarding the admissibility of evidence in criminal trials.
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By C. Ryan Barber | June 20, 2017
A Washington federal judge has set a showdown for Thursday between Humana Inc. and the Federal Trade Commission over whether the insurer will be forced to disclose documents the agency says it needs for its investigation of Walgreens Boots Alliance Inc.'s proposed $7 billion acquisition of Rite Aid Corp.
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