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Case digests, coverage of key rulings, and analysis of trends
By Quentin Brogdon | January 2, 2024
The first hurdle to be cleared is relevance. The second hurdle is the authentication hurdle, but the authentication hurdle is not as high as many lawyers seem to believe.
9 minute read
By Allison Dunn | December 8, 2023
"It is immaterial that Muldrow identified as straight. A juror could reasonably hear the evidence at trial and assume that Muldrow was homosexual or identified with a sexual orientation other than heterosexual. It is the jury's perception of the defendant as homosexual that is the relevant consideration," Judge Joseph M. Getty wrote.
7 minute read
By Riley Brennan | December 7, 2023
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
5 minute read
By Michael J. Hutter | December 6, 2023
The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.
13 minute read
By Cassandre Coyer | December 1, 2023
The definition of a custodian in e-discovery has evolved significantly over the years, along with its importance, as data volumes and types have exploded. E-discovery experts expect that generative AI will add one more twist to this trend.
3 minute read
By Allison Dunn | November 21, 2023
"JetBlue argues that because JetBlue's manual contains a § 121.709(e) authorization, the AMM [Aircraft Maintenance Manual] reference provision is inapplicable. ... JetBlue would have the court interpret § 121.709(e) as exempting JetBlue from following its own procedures. But FARs do not negate compliant rules air carriers place on themselves via their maintenance manuals. In fact, 14 C.F.R. § 121.709(b)(1) explicitly states that aircraft maintenance logs must 'be prepared in accordance with the carrier's maintenance manual,'" U.S. District Judge Indira Talwani wrote.
3 minute read
By Allison Dunn | November 21, 2023
"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
4 minute read
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
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