Evidence

6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD...

by Gabriel Baker, Steve Jensen, D. Michael Reilly | Lane Powell PC - ERISA Law on 5/17/2013

In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME...more

Short Wins - Missing Evidence, Medicare Fraud, And How Normal People React To Federal Prosecutions

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/14/2013

There was only one published criminal case in the federal circuits last week where the defendant won. It's a good case on jury instructions for missing evidence, and the short write up is below....more

Warrantless Cell Phone Searches – A Look at the Case Law

by Mintz Levin - Privacy & Security on 5/14/2013

When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more

BB&K Police Chief Bulletin: Discarded Evidence - Handgun Not Product of Illegal Search if Discarded Before Owner Seized

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 5/9/2013

Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more

Could Casey Anthony Be Tried Again for Murder?

by Aaron Kase | Lawyers.com on 5/9/2013

Casey Anthony should have been convicted of murder, her trial judge said this week. Anthony was acquitted in 2011 for the killing of her 2-year-old daughter, Caylee. Caylee’s corpse was found in a trash bag in the...more

The Use And Misuse Of Expert Testimony In Bad Faith Actions

by E. Kelly Bittick Jr., Jeffrey Michael Cohen | Carlton Fields on 5/8/2013

Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more

Opposition Proceedings – Procedural Changes

by Emma Lees | Freehills Patent Attorneys on 5/7/2013

Significant changes to Australian patent opposition proceedings arise under the new Regulations to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 that came into force on April 15, 2013....more

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

by Valentina Shenderovich | Sheppard Mullin Richter & Hampton LLP on 5/7/2013

In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more

BB&K Police Chief Bulletin: “Two-Step” Interrogation - Intentionally Delayed Miranda Warnings Yield Inadmissible Evidence

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 5/6/2013

Overview: The Ninth Circuit Court of Appeals recently reversed a drug conviction in a case where FBI agents deliberately delayed Miranda warnings to induce the defendant’s confession. The court found that the agents had...more

The Truth About Trials

by Law Office of Dean Standish Perkins and... on 5/2/2013

Trials are a risky, lengthy and very expensive process. Despite what is shown on TV, trials are not dramatic scenes of vindication. They are generally a last resort for both the plaintiff and the defendant. If your case goes...more

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

by JD Supra Law News on 5/1/2013

Is it ever NOT okay to delete your social media account? That's the question we ask in this JD Supra Legal Perspective. And for an answer, we look at recent coverage of a case in which an airline worker in New Jersey...more

Record Evidence Did Not Support Finding of Fraud on the Court – Ford v. Stimpson

by Brian Willis | Shumaker, Loop & Kendrick, LLP on 5/1/2013

In this products liability case, final judgment was entered in favor of the defendant following a four-week jury trial. The plaintiff alleged that the defendant had committed fraud on the court and sought to set aside the...more

Court Affirms that Emotional Distress Claims Cannot Arise from Post-Accident Conduct

by Brett Buckwalter | Niles, Barton & Wilmer, LLP on 4/30/2013

Traditionally, personal injury claims have generally consisted of a plaintiff seeking damages for expenses and “pain and suffering” relating to physical injuries sustained as a result of an accident. Emotional distress is an...more

No, You Can’t Deactivate Your Facebook Account When Litigation Is Pending

by Scott Atkinson | Carr, McClellan, Ingersoll, Thompson & Horn -... on 4/25/2013

A federal magistrate judge in New Jersey recently sanctioned a plaintiff for evidence spoliation after he deactivated his Facebook account during litigation, resulting in its permanent deletion by Facebook after 14 days...more

Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

by Alex Reese | Farella Braun + Martel LLP on 4/25/2013

Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties...more

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

Lees v. Carthage College: A Seventh Circuit Decision on the Admissibility of Expert Testimony for the Standard of Care

by Eric Pearson | Foley & Lardner LLP on 4/22/2013

The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more

Spoliation Sanction For Deactivating Facebook Account

by Donald Taylor, James Tonrey, Jr. | Wilentz, Goldman & Spitzer P.A. on 4/20/2013

In a recent decision from the District of New Jersey, Gatto v. United Air Lines, Inc, et al., No. 10-cv-1090, 2013 U.S. Dist. LEXIS 41909 (D.N.J. March 25, 2013), the Court found that the Plaintiff had destroyed and/or failed...more

Another reason to coordinate discovery in parallel litigation – circumvention in section 1782 requests

by Brian Claassen, Irfan Lateef | Knobbe Martens Olson & Bear LLP on 4/18/2013

The pressures of global litigation have forced litigants to further consider how, when, and where they will obtain discovery. Under developing case law, litigants involved in related litigations in different venues should...more

Social Media in Litigation

by Barry I. Buchman, Michelle Price | Gilbert LLP on 4/18/2013

The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation. First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...more

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

by Emily Huters | Morrison Foerster - Social Media on 4/17/2013

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more

Federal Circuit Finds Patent Marking is Circumstantial Evidence of Infringement

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 4/12/2013

In Frolow v. Wilson Sporting Goods Co., the Federal Circuit refused to adopt the doctrine of marking estoppel, but held that evidence that Wilson had marked some accused tennis racket models constituted evidence of...more

The Duty To Preserve Social Media Information

by Michael Schmidt | Cozen O'Connor on 4/10/2013

It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

by Michael Rosensaft, Allison Wuertz | Katten Muchin Rosenman LLP on 4/10/2013

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more

Jordan v. Binns: The Seventh Circuit Grapples With Multiple Levels of Hearsay

by Kellen Kasper | Foley & Lardner LLP on 4/10/2013

The Seventh Circuit has a gift for lawyers looking to brush up on the Federal Rules of Evidence. It comes wrapped as last week’s decision in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), where the court examined...more

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6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD...

Short Wins - Missing Evidence, Medicare Fraud, And How Normal People React To Federal Prosecutions

Warrantless Cell Phone Searches – A Look at the Case Law

BB&K Police Chief Bulletin: Discarded Evidence - Handgun Not Product of Illegal Search if Discarded Before Owner Seized

Could Casey Anthony Be Tried Again for Murder?

The Use And Misuse Of Expert Testimony In Bad Faith Actions

Opposition Proceedings – Procedural Changes

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

BB&K Police Chief Bulletin: “Two-Step” Interrogation - Intentionally Delayed Miranda Warnings Yield Inadmissible Evidence

The Truth About Trials

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

Record Evidence Did Not Support Finding of Fraud on the Court – Ford v. Stimpson

Court Affirms that Emotional Distress Claims Cannot Arise from Post-Accident Conduct

No, You Can’t Deactivate Your Facebook Account When Litigation Is Pending

Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

The Illinois Supreme Court 2012: The Year in Review

Lees v. Carthage College: A Seventh Circuit Decision on the Admissibility of Expert Testimony for the Standard of Care

Spoliation Sanction For Deactivating Facebook Account

Another reason to coordinate discovery in parallel litigation – circumvention in section 1782 requests

Social Media in Litigation

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

Federal Circuit Finds Patent Marking is Circumstantial Evidence of Infringement

The Duty To Preserve Social Media Information

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

Jordan v. Binns: The Seventh Circuit Grapples With Multiple Levels of Hearsay

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

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