E-Discovery LLC

MARCH 3, 2025

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.

Evidence 130

Evidence Discovery Affidavits Pleadings 130

E-Discovery LLC

NOVEMBER 23, 2024

The circuit court order precluded plaintiffs “from supporting claims and/or introducing evidence in support of claims” that defendants breached the standard of care. It also precluded them from introducing evidence at trial if the evidence was the subject of unanswered discovery requests. emphasis added].

Evidence 130

Evidence Pleadings Discovery Precedent 130

E-Discovery Team

SEPTEMBER 19, 2024

On April 19, 2024, the Advisory Committee on Evidence Rules decided not to enact new rules regarding AI-generated evidence, including deepfakes, despite various proposals, notably from Judge Paul Grimm and Professor Maura Grossman. Under Daniel J. Capra’s guidance, the Committee believes further development is needed.

Evidence 98

Evidence Technology 98

Civil Litigation Brief

JUNE 20, 2024

“WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)” It is very interesting to. As part of the 11th anniversary process I am looking at a blog that was written in June 2014.

Evidence 119

Evidence Witnesses 119

Insurance Journal

AUGUST 20, 2024

Commercial property/casualty premium increases in the second quarter 2024 were flat or down from the previous quarter for all lines of business—evidence of a softening insurance market, according to The Council of Insurance Agents & Brokers (CIAB) quarterly survey. Premiums …

Evidence 111

Evidence Insurance 111

Law Sites

MARCH 4, 2025

LexisNexisLegal & Professional said today that it has launched CaseMap+ AI, a new version of its platform for managing litigation matters and evidence that incorporates generative artificial intelligence to enhance the review of deposition transcripts and documents.

Case Management 130

Case Management Depositions Litigation Evidence 130

IP Watchdog

NOVEMBER 27, 2024

This week in Other Barks & Bites: OpenAI files a response letter denying it deleted evidence in its copyright dispute with The New York Times; Google and the Department of Justice make their final arguments in online ad monopoly case; music economist Will Page releases report claiming music copyright industry is in a boom time.

Evidence 59

Evidence 59

Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

If you are a business owner, what evidence do you need to confirm that legal malpractice caused your business to suffer losses? Thus, you must gather key evidence, such as: Financial records: Balance sheets and income statements can show the decline in business performance after the alleged malpractice took place.

Evidence 97

Evidence Expert Testimony Objections Litigation 97

Insurance Journal

JANUARY 10, 2025

Southern California Edison said on Thursday it had received notices from insurance companies to preserve evidence related to the Eaton Fire that is still burning in Los Angeles, but said no fire agencies have pointed the utility’s connection to the …

Evidence 98

Evidence Insurance 98

Civil Litigation Brief

NOVEMBER 8, 2024

In Raja & Anor v ATM Law & Ors [2024] EWHC 2782 (Ch) the witnesses gave evidence (or attempted to give evidence) from inappropriate places, including a bus. The judgment of Master Clark shows the need to follow the correct.

Evidence 98

Evidence Witnesses 98

E-Discovery LLC

AUGUST 12, 2024

The July 2024 “Notice of Proposed Rules Changes” of the Maryland Standing Committee on Rules of Practice and Procedure – – 223rdreport.pdf (mdcourts.gov) – – proposes rules that address the issue of how “digital media” – – a term of art – – is placed in the record, both in open court and in pleadings (..)

Evidence 130

Evidence Pleadings Exhibits 130

Civil Litigation Brief

AUGUST 22, 2024

Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo.

Witnesses 97

Witnesses Evidence Litigation 97

Civil Litigation Brief

MARCH 26, 2025

The defendant had produced medical evidence. In Nigel Mather & Ors v Lakbir Basran & Ors [2025] EWHC 438 (Ch) HHJ Hodge KC, sitting as a High Court Judge, refused the defendant’s application for an adjournment of the ongoing trial.

Evidence 77

Evidence 77

Attorney at Work

JULY 22, 2021

But there was a moment where I was able to point the judge to a sentence in my brief referring to a piece of evidence in the case. I remember thinking that it is all about the evidence. I started Clearbrief to help lawyers find the evidence that supports their arguments and wins the case. I saw the judge change his mind.

Legal Arguments 246

Legal Arguments Evidence Technology Legal Precedent 246

Civil Litigation Brief

APRIL 4, 2025

In LB Croydon v D (Critical Scrutiny of the Paedeatric Overview) [2024] EWFC 438 HHJ Kathryn Major (sitting as a Deputy High Court Judge) was severely critical of the medical evidence called by the local authority. That part of the.

Evidence 59

Evidence Witnesses 59

Insurance Journal

MARCH 26, 2025

A Los Angeles Department of Water and Power (LADWP) above-ground power line near the Pacific Palisades was energized when the Palisades Fire began early this year, but that there is no evidence that the line contributed to the blaze, the …

Evidence 59

Evidence 59

Attorney at Work

JUNE 29, 2021

In other words, you see what you look for — and we are always looking for evidence that our beliefs are correct. So if you believe you are not good enough, you will focus on evidence that you don’t measure up. Despite evidence to the contrary, you will unconsciously associate with people who will confirm you are defective.

Discovery 278

Discovery Jury Selection Evidence Exhibits 278

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses 130

Witnesses Evidence Objections Admissibility 130

Law Sites

JULY 9, 2024

A pivotal moment for her came in an asylum case she was handling pro bono, when her ability to point the judge to critical evidence that supported her arguments saved […] Jacqueline Schafer, the founder and CEO of Clearbrief, was inspired to start the company based on her own experiences as a litigator and appellate advocate.

Evidence 173

Evidence Litigation 173

E-Discovery LLC

AUGUST 23, 2024

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug.

Cross-Examination 130

Cross-Examination Exhibits Evidence Witnesses 130

Attorney at Work

MARCH 15, 2022

One of my attorney-clients begins the new year by revisiting her retainer agreement and reading the evidence code cover to cover. It may not be the evidence code for you, but each of us has some piece of the library that is critical to our practice. For solo and small firm lawyers, that can mean many things. Those are great ideas.

Evidence 255

Evidence Depositions Technology 255

Attorney at Work

MAY 2, 2022

Just as in the courtroom, for every claim you make in your content, back it up with some persuasive evidence (preferably testimony from others who know, like and trust you). As a content creator, and as a lawyer, your job is to find evidence to support your claims. The jury (your reader) is watching closely.

Legal Services 279

Legal Services Objections Evidence 279

E-Discovery LLC

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 130

E-Discovery LLC

AUGUST 29, 2024

The Covington Court then held that dismissal was not appropriate: Even if Plaintiff breached his duty to preserve evidence, Defendants have not demonstrated that Plaintiff did so with a culpable state of mind. Consequently, Defendants’ motion to dismiss based on fraud or spoliation of evidence will be denied. citations omitted).

Evidence 130

Evidence Discovery Litigation 130

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. The Appeals Court explained that a witness may offer narrative testimony but cannot “interpret” audio or video evidence because interpretation would invade the province of the jury. State , 261 Md.

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

Evidence 130

Evidence Witnesses Discovery Litigation 130

Civil Litigation Brief

APRIL 11, 2025

We are returning to the judgment of Jason Beer KCRajan Marwaha v Director of Border Revenue & Anor [2025] EWHC 869 (KB) Jason Beer KC and staying with the issue of “expert” evidence. This time looking at the attempt of.

Evidence 52

Evidence Admissibility Case Management Witnesses 52

E-Discovery LLC

JANUARY 14, 2025

7, 2025), Thy Vo reported on a fabrication of evidence case. Chois casework was later found to be in excellent order, with no evidence of fabrications, the district attorneys office said. The weekend before her phone and laptop were to be examined for evidence of the alleged misconduct by Mr. Hines, Ms. Initially, Ms.

Evidence 130

Evidence Discovery Litigation 130

E-Discovery LLC

APRIL 22, 2025

To make a preliminary showing of spoliation, the party claiming spoliation must show (1) the party with control over the evidence had an obligation to preserve it at the time it was destroyed; (2) the accused party destroyed the evidence with a culpable state of mind; and (3) the evidence destroyed is relevant to the other sides claim or defense.

Discovery 130

Discovery Litigation Objections Evidence 130

E-Discovery LLC

AUGUST 21, 2024

Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. Thus, on or about November 20, 2017 is the first date that Defendant had an obligation to preserve evidence.” 9, 2021); Maryland’s High Court Affirms Sanction for Spoliation of Video Evidence (Jan.

Evidence 130

Evidence Discovery Objections Litigation 130

Legal Dive

AUGUST 5, 2024

In-house lawyers will not need to outsource the examination of every piece of evidence for deepfakes. There are ways they can filter evidence themselves.

Evidence 105

Evidence 105

E-Discovery LLC

MARCH 6, 2025

Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Lorraine v. 534, 538 (D.

Technology 130

Technology Discovery Evidence Litigation 130

Civil Litigation Brief

APRIL 15, 2025

I am giving a webinar for the Steve Cornforth Consultance on the 14th May 2025. It is aimed at housing lawyers and aims to have a comprehensive look at the rules, guidance and cases on the use of experts in.

Evidence 52

Evidence Witnesses 52

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130

Evidence Litigation Discovery Affidavits 130

E-Discovery LLC

JULY 3, 2024

Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. Ferko’s request for sanctions, struck Mr. Ferko’s complaint, and precluded testimony and evidence related to the issues of marital property, alimony, and attorney’s fees. Prior to trial, the trial court granted Ms.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

Insurance Journal

APRIL 3, 2025

The Shawnee County District Court ordered the liquidation of Key on March 31 after reviewing significant evidence that … Key Insurance, a Kansas-based insurer specializing in non-standard auto, was placed into liquidation this week after a court ruled the company insolvent.

Insurance 101

Insurance Court Rules Evidence 101