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Case digests, coverage of key rulings, and analysis of trends
By Jules Epstein | March 11, 2024
Elevating religion over the right to a fair trial has no place in our constitutional scheme, even as the "wall" between church and state erodes. Putting religion first is not about fair trials but instead about protecting the right to despise "the other," regardless of cost.
4 minute read
By Joshua Sohn and Jacob Zucker | March 8, 2024
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
9 minute read
By Cedra Mayfield | March 7, 2024
"Evidence is being abused when the judges don't put their foot down and say, 'this is too prejudicial,'" said Donald F. Samuel of Garland, Samuel & Loeb in Atlanta. "That's what Rule 403 is designed to do."
8 minute read
By Cassandre Coyer | March 6, 2024
Though the concept behind e-discovery by design isn't entirely new, it has gained momentum as some of the biggest enterprise solutions started offering built-in e-discovery capabilities. But will these be enough?
6 minute read
By Patrick M. Connors | March 6, 2024
In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
13 minute read
By Patrick M. Connors | February 28, 2024
In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
11 minute read
By Michael Marciano | February 26, 2024
A check-in with an attorney who has kept watch over Connecticut's "case of the century."
5 minute read
By Riley Brennan | February 23, 2024
In a recent ruling, a judge granted The Lubrizol Corp.'s motion to compel the production of documents in support of its claims for spoliation of evidence against IBM, with Ohio being one of the few jurisdictions that permits parties to assert a cause of action for the tort of spoliation of evidence.
6 minute read
By Alex Anteau | February 22, 2024
"It's the perfect example of a case where you shouldn't take the police report at face value," said Darl Champion of the Champion Firm, who litigated the case with co-counsel Adrienne McKay.
4 minute read
By Mason Lawlor | February 16, 2024
"When you sense that something is wrong, you need to look into it. You need to get the experienced consultants, and experts necessary to figure out the science of a case because things aren't always as they appear, and that certainly turned out to be the case here," lead attorney Teresa Tomlinson of Hall Booth Smith told the Daily Report.
4 minute read
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