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Case digests, coverage of key rulings, and analysis of trends
By Cassandre Coyer | October 4, 2022
While virtual reality technology has already proved useful in many other industries, its use in legal is still coming into focus. While many have pointed to VR's potential to present evidence in trials, some argue that immersing jurors into a crime scene is a step too far.
4 minute read
By Allison Dunn | October 4, 2022
"It was a real minefield to be in a position where you're supposed to have an obligation to communication your request for accommodation and that's not a static thing. This case very well demonstrates, and the court emphasizes, it's a continuing obligation," said plaintiff's attorney Jacques J. Parenteau.
8 minute read
By H. Christopher Boehning and Daniel J. Toal | October 3, 2022
A district court recently was pressed to revisit issues that many may consider settled as part of today's standard practice. In granting a motion to compel, the court provided useful guidance—and reminders—on well-worn topics, including compliance with an ESI protocol (yes, please), the propriety of self-searching and self-collection of email by custodians (no, thank you), and whether a party is required to produce metadata (yes, please).
8 minute read
By Allison Dunn | September 30, 2022
"I'm certainly glad that the court recognized that invoices written by a lawyer whose engaged to do an investigation were subject to the privilege," said the plaintiff's attorney, Michael Harrington, partner of FordHarrison in Hartford. "In the public sector, you have this additional concern about making the situation worse because it is publicized later. In this particular case, a lot of folks expressed to the lawyer who did the investigation ... employees were definitely expressing hesitancy about speaking out because the investigation concerned investigating the mayor. I think the court was right to recognize that."
6 minute read
By Jules Epstein | September 30, 2022
Poor lawyering—came to the fore in a recent challenge to a death sentence imposed over a quarter century ago. The context was a claim that there was a complete system failure—the quality of court-appointed counsel's lawyering so poor that who was counsel was a determining factor in whether a death sentence was returned.
4 minute read
By Andrew Goudsward | September 29, 2022
The founder of the far-right Oath Keepers group and four of its members stand trial beginning this week in the most highly anticipated trial yet arising from the attack on the U.S. Capitol.
8 minute read
By Brad Kutner | September 26, 2022
"The vast majority are either part of an email chain this court has previously held to be protected or very similar to material this court has previously held to be protected."
2 minute read
By Marianna Wharry | September 26, 2022
"The commentary accompanying the 2017 revisions to the rules for assessing medical opinions made clear that 'it is never appropriate under our rules to "credit-as-true" any medical opinion' and specifically mentioned that the Ninth Circuit rules were not being adopted in the new regulations. Revisions to Rules Regarding the Evaluation of Medical Evidence. ... The court therefore finds that remand for further proceedings is the appropriate remedy," wrote U.S. District Judge Salvador Mendoza Jr. of the Eastern District of Washington.
5 minute read
By Andrew Goudsward | September 16, 2022
Dearie, who has previously announced his intent to retire at the end of the year, was initially proposed by Trump's legal team.
3 minute read
By Michael Balsamo | September 16, 2022
The document, sprinkled with spelling and syntax errors, read, "The U.S. Department of Treasury through the U.S. Department of Justice and the U.S. Marshals Service have arrested Seized Federal Securities containing sensitive documents which are subject to the Defendant Sealed Search Warrant by the F.B.I. arrest."
5 minute read
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