— By Andrew Stewart Davis v. South Nassau Communities Hosp., 2015 NY Slip Op 09229 (December 16, 2015). Abstract: The Court of Appeals recognized a legal duty owed by medical… Read more »
–by Chris Powers Abstract: The New York Court of Appeals ruled that a mother cannot be held liable for the death of a newborn baby when the baby’s injury was… Read more »
The Federal Rule of Criminal Procedure 58 was amended in 2014 to include subsection 58(b)(2)(H), which states: At the defendant’s initial appearance on a petty offense or other misdemeanor charge,… Read more »
Recent changes made to Federal Rule of Evidence 803 (6)-(8) became effective on December 1, 2014. The previous language of (6)-(8), operative prior to December 1, 2014, and the new… Read more »
Recent changes have been made to Federal Rules of Evidence 801, which focuses on exclusions from heresy. Statements defined as heresy are statements that a declarant did not make while… Read more »
As it currently stands, the text of FRCP 26(b)(1) states the following: “Parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense, including… Read more »
This appeal stems from a negligence suit against the City of New York and the New York City Police Department (NYPD) and addresses what evidence is necessary to establish that… Read more »
This appeal addresses whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. The appellant/defendant,… Read more »
This appeal addresses the severability of a municipal ordinance section and the constitutionality of a content-neutral restriction on the posting of signs on public property. The defendant, On Sight Mobile… Read more »
The issue decided in the case is whether a notice of mechanic’s lien can be amended nunc pro tunc to reflect the name of the true owner of the property… Read more »
