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Case digests, coverage of key rulings, and analysis of trends
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
By Amanda Bronstad | May 19, 2023
U.S. Magistrate Judge Valerie Figueredo, in New York, denied a demand from defendants to disclose of 33 individuals in plaintiff's expert Dr. Jacqueline Moline's 2019 report, used in talc cases nationwide to link cosmetic talc to mesothelioma.
5 minute read
By Riley Brennan | May 17, 2023
The North Dakota Supreme Court reinstated a man's…
6 minute read
By Jules Epstein | May 11, 2023
A survey of trial advocacy experts nationally asked for one line lessons, critical insights that encapsulate how to improve courtroom advocacy. The outpouring of responses was overwhelming and the advice essential.
3 minute read
By Emily Saul | May 8, 2023
The complaint claims Herrick knowingly disregarded discovery deadlines and then lied to a judge about it.
4 minute read
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