Account

Sign in to access your account and subscription

Register

Litigation

  • In ordinary economic times, the most common deficiency in applications for judgment by confession is the failure to include sufficient detail concerning the basis for a judgment. Recently, however, the pendulum has swung in the opposite direction. Instead of providing insufficient detail, attorneys have been filing exceedingly complex applications based on sophisticated and voluminous commercial transactions, many of which have been denied because, in short, they are too complicated.

    March 26, 2010Kevin R.J. Schroth
  • Important rulings of interest to you and your practice.

    March 26, 2010ALM Staff | Law Journal Newsletters |
  • Because prosecutors have a responsibility not merely to win, but to ensure that the defendant has a fair and impartial trial, it is professional misconduct for a prosecutor to intimidate or improperly influence a defense witness to change his or her testimony or to refuse to testify for the defense.

    March 26, 2010Jefferson Gray
  • In the first case ever to challenge the constitutionality of prosecuting teens for 'sexting,' a federal appeals court has upheld an injunction that barred a Pennsylvania prosecutor from bringing child pornography charges against girls who refused to attend a class he had designed to educate youths about the dangers of sexting.

    March 18, 2010Shannon P. Duffy
  • Ever since the 1985 landmark case of O'Brien v. O'Brien was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.

    February 25, 2010Ronnie P. Gouz and Benjamin E. Schub
  • Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.

    February 25, 2010Katherine W. Dandy and Max G. Gaujean
  • When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.

    February 25, 2010John Ratkowitz