Evidence

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Get and Keep Your Jury’s Attention with Dynamic Evidence Presentation

When you’re in trial, your goal is to provide the jury with the information they need to make an informed decision and also to prove to them that your point of view is correct. What you don’t want is for the jury’s attention...more

SCOTUS Rules No Felony for Throwing the Little Ones Overboard

The case, Yates v. United States, arose from a offshore inspection of a commercial fishing vessel in the Gulf of Mexico. During the inspection, a federal agent found that the ship’s catch contained undersized red grouper, in...more

Texas Claims Are Getting Nasti: The Insured’s Burdens

Texas courts have long taken the position that “[w]hen covered and excluded perils combine to cause an injury, the insured must present some evidence affording the jury a reasonable basis on which to allocate damages.”...more

Merely Discarding Information Won’t Violate Florida’s Tampering Statute

On December 3, 2014, Florida’s Fourth District Court of Appeal overturned a police detective’s conviction for deleting a video from his work cellular telephone. The video recorded a witness making statements about a case, but...more

Pure Speculation is Not Enough for Sanctions (Florida)

Advantor Systems Corp. v. DRS Technical Services, Inc., 2015 WL 403308 (M.D. Fl. Jan. 28, 2015). In this non-disclosure case, the plaintiff sought sanctions after the defendant reformatted an employee laptop, allegedly...more

High Court Divided: Is A Fish A Tangible Object?

Gulf fisherman John Yates was cited by a federally-deputized Florida Fish & Wildlife officer for having caught a few red grouper that were about an inch under the 20” minimum limit at the time (they’d have been legal under...more

Supreme Court Rejects the Government’s “Fishy” Interpretation of Sarbanes-Oxley Obstruction Statute

On February 25, the United States Supreme Court issued a decision in Yates v. United States.1 This case involved the interpretation of Title 18, United States Code, Section 1519, a statute that was added as part of the...more

Forgetting Rule 403

A recent case out of Montana, Peterson-Tuell v. First Student Transp., LLC, 339 P.3d 16 (Mont. Nov. 15, 2014), highlights the import of a Rule 403 challenge and of making your challenges and objections as comprehensive and...more

Authenticating Evidence In Support of Summary Judgment

Florida’s Fifth District Court of Appeal recently filed an opinion that emphasizes the importance of properly authenticating evidence in support of a motion for summary judgment. In Colon v. JP Morgan Chase Bank, N.A. et al.,...more

Supreme Court Decides Yates v. United States

On February 25, 2015, the U.S. Supreme Court decided Yates v. United States, No. 13-7451, holding that fish are not “tangible objects” within the meaning of 18 U. S. C. §1519, a federal law providing that a person who...more

Supreme Court Interprets Sarbanes-Oxley Evidence Destruction Provisions

We now know that Sarbanes-Oxley does not apply to fish . . . While conducting an offshore inspection of a commercial fishing vessel in the Gulf of Mexico, a federal agent found that the ship’s catch contained...more

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more

Appellate Court Addresses Judicial Discretion As to Record on Appeal from Quasi-Judicial Decision

Last week, the North Carolina Court of Appeals addressed some unique issues with respect to the trial court record in an appeal of a quasi-judicial proceeding....more

Ethical Obligations for Florida Attorneys: Advising Clients on Social Media - Rule 4-1.1 and Rule 4-3.4 Describe the Competency...

What ethical obligations does a Florida attorney have when advising a client to remove material from social media sites before litigation? Until recently, it was an open question; however, on Jan. 23, 2015, The Florida Bar’s...more

From Website into Evidence

Many courts view the content of Internet websites with skepticism, or as one court put it, the Internet is a “large catalyst for rumor, innuendo, and misinformation.” Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534,...more

Appeals Court upholds FTC order enjoining POM Wonderful claims – with modifications

In a much anticipated opinion, the Court of Appeals for the District of Columbia upheld the vast majority of a Federal Trade Commission order enjoining pomegranate juice maker POM Wonderful from advertising that its products...more

When to Meet with Your Trial Technician

Last month we discussed how using a trial technician to present your evidence in a digital format can be extremely useful. This month we’ll discuss the importance and benefits of meeting with your trial technician early in...more

Hitting the Wall: Facebook and Divorce

A new survey sponsored by a group in the UK links Facebook to 33 percent of all divorces, up from a 2009 study that cites the social media site in 20 percent of divorce filings....more

They Know Computers But Not How to Help Your Case

Posted on January 28, 2015 by Julie Brook, Esq. When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about...more

Jan. 27 At Faruqi Trial: No “Spoliation” Of Blood-Stained Carpet, Judge Says

January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained...more

Not Worth The Paper It's Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule

This article explores possible measures that parties to commercial transactions and their attorneys can take to help ensure greater contract certainty when fraud claims of one type or another are not barred by the parol...more

Jan. 26 at the Faruqi sex harassment trial: NSFW!

PARENTAL ADVISORY: This is testimony in a sexual harassment case, so it’s necessarily NSFW (Not Suitable For Work. Unless you’re an employment lawyer or HR professional, in which case it’s AIADW (All In A Day’s Work).)...more

If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

Recorded Conversations with In-House Counsel Permitted as Evidence in FCPA Trial

Earlier this month, a federal judge in New Jersey held that a secretly recorded conversation between a former chief executive officer and his general counsel may be used by prosecutors as evidence against the former executive...more

Stop Giving Away the Store: “Reasonably Calculated” does not define the scope of discovery. (And it never has!)

For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more

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