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Could Baldwin's Role Doom Case Against PSU Officials?
If three ex-Penn State administrators facing charges stemming from failing to properly deal with reports of child sexual abuse by Jerry Sandusky are found to have appeared before a grand jury without proper advice of counsel, their testimony could be incurably affected and even tossed, several white-collar defense attorneys have said.Circumstantial Evidence May Authenticate E-Communications
Circumstantial evidence may establish the authenticity of disputed text messages and emails, a Lebanon County judge has ruled, even without direct evidence.Investigative Questioning at Roadside Held Not Enough To Trigger Miranda
Failure to read Miranda rights during a noncustodial, roadside interrogation was not grounds for suppressing statements made by a New Jersey man who was a suspect in a shooting rampage.Medmal Theory Is Called Into Question
The "maternal forces of labor" theory used to explain a newborn child's injuries and defend doctors against malpractice claims has been rejected by a trial judge nearly two years after an upstate appellate panel discarded the premise on different grounds.View more book results for the query "*"
Privilege Does Not Shield Insurance Papers, Panel Says
Records prepared by an insurance company leading up to its denial of a claim for a purportedly vandalized boat are not shielded by the attorney-client privilege, said a Brooklyn appellate panel.Snizavich v. Rohm & Haas, PICS Case No. 13-3300 (Pa. Super. Dec. 6, 2013) Lazarus, J. (13 pages).
Toxic Torts • Wrongful Death/Survival • Occupational Chemical Exposure • Brain Cancer • Expert Testimony • AdmissibilityWith UIDDA, Pa. Joins Bandwagon to Simplify Third-Party Discovery
Pennsylvania has joined a growing number of states that have adopted the Uniform Interstate Depositions and Discovery Act. Promulgated by the Uniform Law Commission in 2007 and codified at 42 Pa. C.S. §§ 5331-37, the UIDDA establishes an efficient and inexpensive procedure for out-of-state attorneys attempting to serve subpoenas in Pennsylvania for discovery to be used in an action pending in another state.In re SERETRAM, PICS Case No. 13-3258 (E.D. Pa. Nov. 22, 2013) Pratter, J. (7 pages).
Fraud • Transfer of Company Funds • Fraudulent Emails • Discovery • Criminal Investigation • Foreign TribunalExposing Expert Witness' Bias During Cross: Collateral Attack
In their Trail Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan of Torgan & Cooper, write: When dealing with the expert witness, exposing bias is not only an essential part of cross, but one that becomes imperative if counsel is to turn the jury against the so-called "expert."