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Case digests, coverage of key rulings, and analysis of trends
By Riley Brennan | June 23, 2023
The Iowa Court of Appeals reversed a jury's verdict granting the estate of a woman who died in a nursing home $6 million, concluding the lower court had allowed hearsay regarding alleged abuse at the facility into evidence at trial.
4 minute read
By Avalon Zoppo | June 14, 2023
Eight Circuit Judge James Loken wonders aloud if there is "any limit" on what investigators can look for on the My Pillow CEO's device.
4 minute read
By Michael A. Mora | June 13, 2023
"She used to be a champion, but now she is riding OK," said Michael Haggard, the managing partner at the Haggard Law Firm.
3 minute read
By Scott Mollen | June 13, 2023
Scott Mollen discusses "Fuks v. Rakia Assoc." where the court held the plaintiff engaged in active misconduct and confirmed an award for breach of fiduciary duties. The court opined that the case "rivals the long running dispute in Charles Dickens' novel, Bleak House, and will end no better."
15 minute read
By Riley Brennan | June 13, 2023
"The defendants here are not immune from suit under the Eleventh Amendment because Johnson seeks prospective declaratory and injunction relief and has alleged a sufficient connection between the defendants and Act 1780's enforcement," Judge Jane Kelly wrote on behalf of the court. "The Sevier County Prosecuting Attorney and the Director of the State Crime Lab have a sufficient connection because they possess and control evidence that Johnson seeks to test, and they have refused to provide it to him."
6 minute read
By Michael J. Hutter | May 31, 2023
This column will discuss New York's rule of completeness as presently applied. The discussion is timely in view of a proposed amendment to Federal Rule of Evidence (FRE) 106, which codifies the federal version of the common law rule of completeness.
12 minute read
By ALM Staff | May 26, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Jules Epstein | May 25, 2023
The case warrants a post-mortem to assess the tools of evidence law that may have contributed to the verdict.
5 minute read
By Lisa Willis | May 23, 2023
"What the Fourth District Court of Appeal says here is that given this particular piece of evidence, and the way it was withheld, and then used in rebuttal, completely prejudiced the defendant," said Craig Joseph Trocino, who is not involved in the litigation.
5 minute read
By Cassandre Coyer | May 19, 2023
While e-discovery professionals have often had to navigate false evidence, advancements in generative AI have allowed deepfakes to reach a new level of realism that could make their work more difficult and costly, and strain the rules of evidence.
6 minute read
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