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

IP Watchdog

OCTOBER 31, 2023

Longhorn Vaccines & Diagnostics, LLC and any interested amici to weigh in on the appropriate sanctions remedy when a party withholds evidence in an America Invents Act (AIA) proceeding.

Evidence 111

Evidence 111

Discovery Advocate

MARCH 5, 2023

This policy effectively applies to every business that could conceivably face DOJ inquiry and evidences the DOJ’s growing frustration with its inability to obtain relevant texts and instant messages from target subjects, especially when these communications are occurring outside employer-provided communication platforms.

Evidence 130

Evidence 130

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

IP Watchdog

NOVEMBER 6, 2023

The Federal Circuit remanded the case for further consideration of extrinsic evidence from chemistry textbooks to determine the proper meaning of the claim term “a pH of 13 or higher.” Mylan Pharmaceuticals Inc. vacating an infringement judgment against Mylan in the Northern District of West Virginia.

Evidence 105

Evidence Pharmaceuticals Construction Litigation 105

IP Watchdog

JUNE 28, 2023

But the available evidence does not support the Complaint’s contention that Judge Newman’s performance has adversely changed in any statistically-significant way compared to that of her colleagues on the court.

Evidence 111

Evidence Litigation 111

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

JULY 18, 2024

She rejected the second defendant’s evidence based on. In Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) HHJ Carmel Wall (sitting as a High Court Judge) found that annotations made to medical records were not, in fact, contemporaneous.

Evidence 80

Evidence Witnesses 80

Civil Litigation Brief

JULY 29, 2024

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence. Other jurisdictions have similar issues in relation to experts, particularly argumentative experts. An example can be seen in.

Evidence 75

Evidence Education Witnesses 75

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

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

Practice of Law

JULY 18, 2024

But on Thursday, the defense attorneys told the judge that the prosecutors had received evidence that could help answer this question. Specifically, that evidence would allegedly call into question the prosecution’s theory that Gutierrez-Reed had brought the ammo onto the film set. She found that they looked comparable.

Evidence 75

Evidence 75

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence. Direct and Circumstantial Evidence The evidence that has been presented to you may be either direct or circumstantial. One broadcast applied the logic of circumstantial evidence.

Burden Of Proof 183

Burden Of Proof Jury Instructions Jury Selection Evidence 183

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 299

Discovery Jury Selection Evidence Exhibits 299

IP Watchdog

JANUARY 19, 2023

Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) today jointly held an all-day listening session featuring speakers from patient advocacy and industry groups, academia, and brand and generic pharmaceutical companies who weighed in on the relationship between patents and affordable access to medicines.

Evidence 128

Evidence Pharmaceuticals 128

E-Discovery Team

DECEMBER 4, 2024

The November 8, 2024 Evidence Committee meeting revealed skepticism towards warnings about deepfake justice, indicating minimal action for judicial protection. The discussion included resources on the topic, with Ralph Losey featured in an upcoming panel on December 5, 2024.

Evidence 52

Evidence Technology 52

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 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

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 264

Evidence Depositions Technology 264

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

Civil Litigation Brief

NOVEMBER 13, 2024

The Court of Appeal decision in T (Fresh Evidence on Appeal) [2024] EWCA Civ 1384 is an appeal in a family court case. It contains important observations in relation to attempts to adduce new evidence at the appeal stage. Equally.

Evidence 59

Evidence Witnesses 59

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

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 272

Legal Services Objections Evidence 272

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

Civil Litigation Brief

NOVEMBER 21, 2024

It is a case where the claimant’s expert evidence on causation. I am grateful to barrister Andrew Ward for sending me a copy of the judgment of Mrs Justice Yip in Fraser -v- Ministry of Defence [2024] EWHC 2977 (KB).

Evidence 59

Evidence 59

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

Civil Litigation Brief

DECEMBER 12, 2024

InRashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB) Mr Justice Martin Spencer did not make a finding of fundamental dishonesty in a case where he did not accept the claimants’ evidence. This non-acceptance did not lead to.

Evidence 52

Evidence 52

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

DECEMBER 9, 2024

Issues relating to expert evidence have formed a large part of the material considered in this blog so far this year. The webinar on the 11th December reviews the key cases and their significance for practitioners and experts alike. Webinars.

Evidence 52

Evidence Witnesses 52

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

Civil Litigation Brief

JUNE 23, 2024

In D and A (Fact-Finding : Research Literature) [2024] EWCA Civ 663 the Court of Appeal set out a clear warning about the dangers of trial judges analysing research literature in detail. The literature should be read through the prism.

Evidence 81

Evidence Witnesses 81

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

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 Discovery Affidavits Litigation 130

Attorney at Work

MAY 24, 2022

Now you know, when it comes to email, absence of acknowledgment is not evidence that the email was undelivered or unread. (This is the default setting, meaning you see the pop-up if the sender requests a read receipt, but you also retain control over your response.). When You Really, Really Need Confirmation.

Evidence 326

Evidence Technology 326

Civil Litigation Brief

DECEMBER 5, 2024

I am grateful to Amy Birchall of HF solicitors for sending me a copy of the judgment of HHJ Bird in Scully -v- Atherton (& others). The judge found that the claimant (someone who had held a number of jobs.

Evidence 59

Evidence Witnesses 59