Case digests, coverage of key rulings, and analysis of trends
By Jules Epstein | November 16, 2023
"Primacy" is a far cry from "tribalistic arguments" (or the cigar trick) and there is strong reason to treat the two as radically different and as not both being barred from the courtroom by "law and rules."
5 minute read
By Lisa Willis | November 16, 2023
"I believe we have seen, and will continue to see, an uptick of litigation over commercial tenant evictions based on the governmental recertification process," attorney David I. Rosenblatt said.
4 minute read
By Ellen Bardash | November 15, 2023
The charges brought against McGuiness centered on her hiring her daughter and structuring payments to a contractor in a way that avoided financial oversight.
4 minute read
By Charles Toutant | November 15, 2023
"We are unpersuaded by the public defender's argument that the protocol is unreliable because two DREs applying it to the same driver can reach different opinions. Such potential differences of opinion do not necessarily make a diagnostic standard unsound," Judge Jack Sabatino, temporarily assigned, wrote for the court.
8 minute read
By Allison Dunn | November 14, 2023
"Counsel, if we adopt your theory, having studied what other states are doing because it's sort of a new area—not every state has weighed in—we'd have the most liberal interpretation of third-party spoliation in the nation," Chief Justice Loretta H. Rush told plaintiffs counsel from the bench Monday.
5 minute read
By Amanda O'Brien | November 10, 2023
While a majority of general training is conducted virtually, in-person mock trial activities are a common thread between the training regimens at Duane Morris, Fox Rothschild, and Blank Rome.
6 minute read
By Martin A. Schwartz | November 6, 2023
Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.
10 minute read
By Alaina Lancaster | November 2, 2023
An amendment to Federal Rule of Evidence 702 is set to take effect on Dec. 1, after years of discussion from the Judicial Conference Committee on Rules of Practice.
6 minute read
By Joel Cohen | November 1, 2023
a lawyer who is presented by his client with a plan to commit a "future" crime can be compelled before a grand jury to give testimony against that client. The courts have long recognized the "crime fraud exception" to the privilege in such instances.
6 minute read
By Ellen Bardash | October 31, 2023
The update to Rule 702, set to go into effect officially on Dec. 1, has raised the issue of whether it's a long overdue way to hold judges to an evidentiary standard they should have been following for decades or if it encourages them to cross over into the jurors' domain.
5 minute read
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