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Case digests, coverage of key rulings, and analysis of trends
By Jules Epstein | March 25, 2024
An expert with knowledge that jurors don't have should be permitted to testify when that knowledge will inform the decisionmaker and meets the basic relevance threshold.
5 minute read
By Alex Anteau | March 21, 2024
Before they filed suit, the plaintiffs asked Golden Pantry to preserve years of security footage for evidence. However, after consulting with its lawyers and insurance carrier, the company still chose to delete the video.
3 minute read
By Louis Locascio | March 21, 2024
"With our increased video technology, this decision represents a needed and welcomed addition to our evidentiary procedures," writes former Superior Court Judge Louis Locascio.
7 minute read
By Aleeza Furman | March 12, 2024
"Today in the modern era of videotape and technology and the way discovery is conducted and trials are conducted, it makes sense," Joseph Messa Jr. said.
3 minute read
By ALM Staff | March 12, 2024
Exhibit J is the crux of the New York Times' copyright-infringement lawsuit that accuses Microsoft and OpenAI of using copyright-protected content to train their AI model GPT-4.
2 minute read
By Jules Epstein | March 11, 2024
Elevating religion over the right to a fair trial has no place in our constitutional scheme, even as the "wall" between church and state erodes. Putting religion first is not about fair trials but instead about protecting the right to despise "the other," regardless of cost.
4 minute read
By Joshua Sohn and Jacob Zucker | March 8, 2024
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
9 minute read
By Cedra Mayfield | March 7, 2024
"Evidence is being abused when the judges don't put their foot down and say, 'this is too prejudicial,'" said Donald F. Samuel of Garland, Samuel & Loeb in Atlanta. "That's what Rule 403 is designed to do."
8 minute read
By Cassandre Coyer | March 6, 2024
Though the concept behind e-discovery by design isn't entirely new, it has gained momentum as some of the biggest enterprise solutions started offering built-in e-discovery capabilities. But will these be enough?
6 minute read
By Patrick M. Connors | March 6, 2024
In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
13 minute read
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