Case digests, coverage of key rulings, and analysis of trends
By Jason Grant | January 6, 2023
"Plaintiff did not place his entire medical condition in controversy by suing to recover damages for orthopedic injuries to his shoulders, hands, and right wrist by alleging in the bill of particulars that those injuries are permanent in nature," wrote an Appellate Division, First Department panel.
4 minute read
By Quentin Brogdon | January 5, 2023
In the wake of In re Kararay, parties can no longer obtain broad, untargeted cell-phone data right out of the gate. Parties must first satisfy a two-step process before obtaining broad access to cell-phone data.
9 minute read
By Edward M. Spiro and Christopher B. Harwood | December 22, 2022
Courts sometimes will not apply statutes in accordance with their literal terms when doing so would contravene other policies. That is precisely what occurred in 'Astraea'.
7 minute read
By Cassandre Coyer | December 21, 2022
To say that this year was a busy one for the e-discovery space would be an understatement. While many of this year's events were headline-worthy, most served as timely reminders to brush up on e-discovery quality control and basic tech education for legal at large.
1 minute read
By Cassandre Coyer | December 14, 2022
While e-discovery experts expect blockchain-related litigation to push legal professionals to rethink their e-discovery workflows, they also noted that those challenges won't be so different from difficulties faced in the past.
6 minute read
By Michael A. Kaplan and Mikayla R. Berliner | December 14, 2022
One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ways on this issue.
8 minute read
By Michael J. Hutter | December 13, 2022
The Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.
13 minute read
By Paul Townsend | December 12, 2022
Federal courts must start enforcing the language of FRE 1006 and permit parties only to use charts to summarize evidence as aides rather than elicit testimony from live witnesses that merely recite the selected portions on the prepared demonstrative exhibit.
4 minute read
By Harvey M. Stone and Richard H. Dolan | December 8, 2022
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including granting the motions of two defendants to reduce their sentences under the First Step Act; relying on the "automobile exception" to the Fourth Amendment and the inevitable discovery doctrine in denying a suppression motion; and denying a preliminary injunction requiring the State Liquor Authority to issue a permit to sell alcohol all night on New Year's Eve 2022.
9 minute read
By Barry Kamins | December 5, 2022
This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic stop even where a police officer has probable cause to believe a traffic infraction was committed. In doing so, the court has held that the state Constitution provides broader protection than the federal Constitution with respect to pretextual traffic stops.
9 minute read
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