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Challenges to the Admissibility of Evidence in the 'Omics' Era
Genetic technologies have been a presence in United States courtrooms for decades. In 1987, Tommie Lee Andrews became the first person in the United States to be convicted of a crime based on DNA evidence, spurring the first appellate decision on the admissibility of the results of a genetic test. Andrews v. State, 533 So.2d 841 (Fla. Dist. Ct. App. 1988). Two years later, the case of State v. Woodall, 385 S.E.2d 253 (W. Va. 1989), brought the issue of DNA evidence to a state's highest court, which concluded that the reliability of genetic testing was generally accepted in the scientific community.
A review of these cases and their progeny demonstrate that genetics in the courtroom has historically been focused on the “who” and “what” — seeking to resolve paternity, to include or exclude individuals as criminals or victims of crimes, or to identify the mode and manner of criminal activity. However, due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the “how” and “why” — the causation of, or susceptibility to — disease in mass tort and products liability litigations.
Even though the technology is cutting edge, the admissibility of expert testimony regarding genetic testing is subject to age-old rules. This article reviews some recent decisions regarding genomics, and provides practice pointers for litigators involved in these types of proceedings.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.