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September 07, 2023 | New York Law Journal

'Palpable' Uncertainty: Supreme Court Asked to Review Cellphone Searches at the Border

Among the courts that have opined on cellphone searches is U.S. District Judge Jed Rakoff of the Southern District of New York, who held that "phone searches at the border generally require warrants outside exigent circumstances."
5 minute read
August 21, 2023 | New York Law Journal

Video Evidence and the Emergency Doctrine

This article discusses the courts' increasing reliance on video surveillance for deciding motions, especially for those where the emergency doctrine was raised, and details several cases where video surveillance was used as key evidence.
8 minute read
August 11, 2023 | Texas Lawyer

Navigating the Complexities of a Brain Injury Claim

In one of my cases years ago, I was able to admit into evidence cutting-edge neuroimaging tests called MEG to support a claim of mild TBI. I later learned that this may have been the first time this type of evidence had been used in a TBI case.
6 minute read
August 09, 2023 | New York Law Journal

Decision of the Day: Willfully Discarding Critical Evidence Forces Judge To Strike Defendant's Answer

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read
August 04, 2023 | The Legal Intelligencer

Expert Testimony and Rule 403—Some Advice From 'Down Under'

May Rule 403 restrict or even lead to the exclusion of expert testimony that passes the Frye test? The answer is "maybe," and advice from "down under" in Australia suggests that rule as a potent tool.
5 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

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August 02, 2023 | National Law Journal

'The Stakes Could Not Be Higher': Legal Community Reacts to Trump Indictment

Many in the legal community, from Big Law partners to retired judges, underscored the gravity of Trump's latest indictment.
5 minute read
August 02, 2023 | New York Law Journal

Impeachment by Prior Inconsistent Statement: A Refresher

The rules governing impeachment by prior inconsistent statements as set forth in Guide Rule 6.15 are well-settled. Yet errors in their application, or a misunderstanding thereof, do occur, as shown by recent Appellate Division decisions. Perhaps a refresher on these rules is worthwhile.
12 minute read
July 20, 2023 | New York Law Journal

Verizon to Turn Over Records of State Liquor Authority Investigator in 'Lawyer Ban' Litigation

Madison Square Garden Entertainment has alleged the State Liquor Authority is colluding with attorneys disgruntled by their adverse attorney policy. The SLA says the agency is following typical law enforcement practice.
2 minute read
July 13, 2023 | The Legal Intelligencer

Are 'Arrests' a Fair Sentencing Consideration?

According to a recent Pennsylvania Superior Court ruling now accepted for review by the court, a decision somewhat under the radar because of it being pronounced in an unpublished decision, the answer is "yes." What the Supreme Court should say is a resounding "no."
4 minute read
July 12, 2023 | New York Law Journal

Decision of the Day: Smuggler Denied Suppression of Evidence Taken From iPhone Unlocked Biometrically

U.S. citizen Ashraf Omar Eldarir often travels to Egypt and the U.S. Department of Homeland Security probed his sales of Egyptian antiques of suspicious…
2 minute read

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