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Case digests, coverage of key rulings, and analysis of trends
By Riley Brennan | February 8, 2023
The Kansas Court of Appeals affirmed a lower court ruling that a sheriff's deputy did violate a man's Fourth Amendment rights by attempting a public safety stop that turned into an arrest, drawing a strong dissent that argued "the state failed to present objective, specific, and articulable facts" showing the stop had been lawful.
5 minute read
By Riley Brennan | February 8, 2023
"This decision is important—not just for this case—but because it establishes that failure to produce discovery can go far beyond a slap on the wrist," said plaintiffs counsel Gary Gilbert of Gilbert Employment Law in of Silver Spring, Maryland. "It should serve as a warning to defendants that they exercise diligence in providing discovery."
4 minute read
By H. Christopher Boehning and Daniel J. Toal | February 6, 2023
Since the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.
8 minute read
By Michael J. Hutter | February 1, 2023
Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
12 minute read
By Emily Saul | January 31, 2023
Defense attorney Howard Tanner on Tuesday made a motion to dismiss the charges against his client Joseph Franco, claiming that prosecutors with the Manhattan DA's Office had failed on three separate occasions to turn over evidence.
3 minute read
By Avalon Zoppo | January 27, 2023
Mark Lanier, founder of the Texas-based Lanier Law Firm, said the change could weaken a lawyer's strategy in some situations.
4 minute read
By Emily Saul | January 17, 2023
Adam White was arrested for "criminal mischief" in November after removing the offending piece of plastic in Park Slope. He was later issued a Desk Appearance Ticket, and Brooklyn D.A. Eric Gonzalez declined to pursue the case.
3 minute read
By Jules Epstein | January 17, 2023
A cardinal principle for lawyers is that words count. A closing argument may run afoul of the law when "I believe" slips in; a case may be overturned when a judge ad-libs a jury instruction; and of course a jury may be misled when words are incomprehensible—the bane of most jury instructions—or simply dead wrong.
7 minute read
By Thomas Kissane and John Moore | January 12, 2023
In this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions, including: granting a defendant's motion to suppress his confession; denying a motion for a preliminary injunction enjoining New York City from enforcing COVID-19 vaccine mandates; and denying a defendant's request to terminate his restitution obligation.
8 minute read
By Aleeza Furman | January 9, 2023
Judge John Gallagher said the defendant offered no explanation as to why it would not produce the documents, something that was made more suspect in light of an earlier incident in which the defendant made factual misstatements about where its employees had worked.
3 minute read
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