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Recent rulings of interest to you and your practice.
Features
In a little-noticed paragraph of the significant decision in <i>Wissink v. Wissink</i>, 301 AD2d 36 (2d Dept. 2002), the court held that evidence of certain economically abusive behavior was relevant in a custody case and should not be excluded. This is a very important holding that should be examined by judges and attorneys and applied in other cases.
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An admission ' an act or declaration of a party or his agent that constitutes evidence against the party at trial ' is an exception to the rule against hearsay. As a general rule, any declaration or conduct of a party or his agent, oral or written, that is inconsistent with that party's position at trial is admissible at trial as an admission.
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A new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries will spark painstaking legal review of pharmaceutical companies' protocols for trials.
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A recent decision by a New York appellate court may have converted New York into a community property state. <i>Johnson v. Chapin</i>, 350749/01, NYLJ March 17, 2008, p. 25 col. 1.
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Justice is served best when both parties have all the information they need to support their position. Consequently, in the author's opinion, attorneys should be able to review psychological test data. He supports that right for several reasons discussed in the article.
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The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
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Electronically stored information ('ESI') is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in <i>Victor Stanley, Inc. v. Creative Pipe, Inc., et al.</i>
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The court's refusal in <i>Johnson & Johnson v. Karl</i>, to recognize the learned intermediary doctrine and rejection of it wholesale lacks a sound basis. It is a legal aberration that warrants a prompt legislative response to codify the learned intermediary doctrine in West Virginia.