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

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

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Complex Discovery

JUNE 17, 2024

states over talcum powder litigation marks a pivotal moment in consumer protection and corporate accountability. Cybersecurity, information governance, and eDiscovery professionals will find the developments in this case particularly relevant as they navigate the complexities of corporate litigation and regulatory compliance.

Litigation 96

Litigation Pharmaceuticals Manufacturing Evidence 96

Civil Litigation Brief

JULY 17, 2024

In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not.

Evidence 69

Evidence Witnesses 69

Civil Litigation Brief

OCTOBER 15, 2024

We have considered the dangers of attempting to use artificial intelligence in litigation before. The use of artificial intelligence in an expert report was considered b Schopf.S in the Surrogate’s Court, Saratoga County, in the “Matter of Weber” “The mere.

Evidence 52

Evidence Litigation Witnesses 52

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52

Civil Litigation Brief

AUGUST 16, 2024

In Gadsby v Hayes [2024] EWHC 2142 (KB) Ms Clare Ambrose (sitting as a Deputy High Court Judge) considered the evidence of witnesses in a case where the accident had happened ten years previously. The accounts given near the time.

Evidence 52

Evidence Witnesses 52

Law Sites

JULY 9, 2024

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. 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 […]

Evidence 167

Evidence Litigation 167

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

E-Discovery LLC

AUGUST 29, 2024

The Court wrote that: “Plaintiff admitted that he lost, misplaced, or destroyed relevant, discoverable material since initiating the litigation.” To the contrary, Plaintiff’s statements that evidence was lost when he was evicted and put his belongings in storage indicate that the loss was not purposeful. The loss was undisputed.

Evidence 130

Evidence Discovery Litigation 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

Evidence at Trial

APRIL 26, 2023

To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigation 52

Litigation Evidence Burden Of Proof Objections 52

Jonathan Leach LLC

OCTOBER 16, 2023

Litigation can be a complex process. That’s where litigation consulting can make a difference. We seek to enhance the practice of law by supporting the work of your legal practitioner through litigation-related behavior and communication. What is Litigation Consulting? Call (972) 890-8482 for a free consultation today.

Litigation 52

Litigation Jury Selection Trial Strategy Cross-Examination 52

E-Discovery LLC

JUNE 4, 2024

It was an honor to be part of a presentation on “Social Media in Litigation” to the Maryland Judicial College today, together with The Hon. We did demonstrations of a pro se litigant offering evidence from a cell phone and a mock direct examination authenticating a Facebook page. Grimm (ret.), Shelton, Esq.,

Direct Examination 130

Direct Examination Discovery Litigation Evidence 130

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

Discovery 130

Discovery Burden Of Proof Litigation Evidence 130

Civil Litigation Brief

SEPTEMBER 25, 2024

We are also returning to the question of expert evidence. We are returning once again to the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB).We

Evidence 59

Evidence Witnesses 59

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

Civil Litigation Brief

AUGUST 9, 2024

A report in Litigation Futures in August 2016 illustrates the need for “self protection” by lawyers in. The headline says it all “Insurance Fraudster who tried to blame his solicitor jailed for 18 months”. “IT IT WAS ALL MY.

Litigation 59

Litigation Witnesses Insurance Evidence 59

E-Discovery LLC

OCTOBER 2, 2024

Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product. It explained that “there is nothing in the record to suggest that Defendant created the requested videos in anticipation of litigation. Next , the court overruled the improper boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

Mediation 52

Mediation Arbitration Litigation Discovery 52

E-Discovery LLC

OCTOBER 15, 2024

In separate litigation, the wife had engaged in improper conduct, including refusal to return and wiping a TST laptop, copying and retaining TST data, and she was held liable for conversion, enjoined, and punitive damages were assessed against her. Rule 5-402 (“Evidence that is not relevant is not admissible.”). See, e.g., Cole v.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

The Cloud Court Blog

AUGUST 19, 2022

That enterprise, of course, is litigation. There exists an interesting body of literature that addresses how litigants leverage “asymmetric access to information” ( i.e., salient data to which only one party has access) to achieve better results for their clients. [i] Until then: litigate like you mean it. [i] But not always.

Litigation 52

Litigation Evidence 52

CaseFox

OCTOBER 26, 2023

This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.

Mediation 52

Mediation Arbitration Litigation Discovery 52

Legal Dive

JULY 30, 2024

A court had ordered the employer to produce email files related to ongoing age discrimination litigation.

Evidence 52

Evidence Litigation 52

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. You can move your opponent’s rog responses in evidence as the statement of a party opponent because your opponent said those facts are true. emphasis added].

Interrogatories 130

Interrogatories Discovery Depositions Litigation 130

Insurance Journal

AUGUST 21, 2024

A study from RAND found that rising litigation rates, trial awards and claim severity are consistent with the expected effects of social inflation. The study, What Is the Evidence for Social Inflation? Trends in Trial Awards and Insurance Claim Payments, …

Evidence 110

Evidence Litigation Insurance 110

Civil Litigation Brief

JULY 24, 2024

It enables us to spend enough time looking at each case in detail, in particular the evidence that was adduced and the conclusions. This webinar looks at recent cases in relation to liability, quantum and damages involving fatal accident victims.

Litigation 59

Litigation Evidence 59

CaseFox

MAY 23, 2023

Among these roles, lawyers and litigators often create confusion due to their similarities. In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. What is a Litigator?

Litigation 52

Litigation Cross-Examination Settlement Negotiations Legal Research 52

Civil Litigation Brief

JULY 15, 2024

There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the.

Litigation 75

Litigation Evidence 75

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

AUGUST 13, 2024

The primary ground for this was that there was insufficient evidence before the court to. In XS1 (A Child) v West Hertfordshire Hospitals NHS Trust [2024] EWHC 1865 (KB) Master Stevens adjourned a claimant’s application for a substantial interim payment.

Evidence 52

Evidence 52

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023). Through litigation spearheaded by the Innocence Project, a new trial was recently ordered. And beliefs should not be the basis for a criminal prosecution.

Evidence 40

Evidence Admissibility Manufacturing Litigation 40

Discovery Advocate

MARCH 30, 2023

In re Google Play Store Antitrust Litig., — F. In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21-MD-02981 (JD) (N.D.

Discovery 130

Discovery Litigation Evidence Case Management 130

Discovery Advocate

MARCH 31, 2023

In re Google Play Store Antitrust Litig. , In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21 MD 2981 (JD) (S.D.N.Y.

Discovery 130

Discovery Litigation Evidence Case Management 130

Ball in Your Court

AUGUST 1, 2024

Yesterday, I sought to defend the value of my law school course on E-Discovery & Digital Evidence to a law Dean who readily conceded that she didn’t know what e-discovery was or why it would be an important thing for lawyers to understand. My métier has always been litigation, to… It was a bracing experience.

Digital Evidence 109

Digital Evidence Discovery Evidence Litigation 109