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Qualified Immunity Developments: Not Much Hope Left For Plaintiffs

By   /  April 1, 2014  /  Civil Procedure, Constitutional Law, Featured 

Scales & Gavel

This Article highlights important developments in the qualified immunity defense to Section 1983 claims. The focus is on recent Supreme Court decisions and the fallout from such decisions in the lower courts.

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The Possibility to Perpetuate Discovery Prior to Filing a Federal Complaint: Rule 27 of the Federal Rules of Civil Procedure

By   /  April 15, 2013  /  Civil Procedure, Evidence, Online Exclusive 

Lawsuit Papers

In re Liquor Salesmen’s Union Local 2D Pension Fund pertains to Salesmen’s Union Local 2D Pension Fund’s (hereinafter “Petitioner”) request for discovery from Bank of America “prior to the commencement of an action related to a certain bank account.”

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Impeachment Methods Illustrated: Movies, Novels, and High Profile Cases

By   /  June 1, 2012  /  Civil Procedure, Criminal Procedure, Evidence 

Impeach in Dictionairy

This article will review and illustrate the various methods of impeachment authorized by the law of evidence. The methods fall under seven categories: (1) physical or mental disability relating to an attribute to be a competent witness, (2) bias, (3) convictions, (4) bad or immoral acts, (5) bad character for truth and veracity, (6) prior inconsistent statements, and (7) specific contradiction. This article focuses on the Federal Rules of Evidence, although, in many instances, state rules of impeachment, with some exceptions and variations, are consistent with the federal impeachment rules.

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Trial Evidence 2011: Advocacy, Analysis, & Illustrations

By   /  June 1, 2012  /  Civil Procedure, Criminal Procedure, Evidence 

Evidence Puzzle

This segment will review fundamental evidentiary principles as well as recent developments in evidence law, concentrating on the Federal Rules of Evidence. Many of New York’s evidence principles mirror the Federal Rules. New York is one of the relatively few states that does not have an evidence code; most New York evidence law derives from decisions of the New York courts. While mainly similar, there are some differences between federal evidence law and New York evidence law.

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Social Media, the Sixth Amendment, and Restyling: Recent Developments in the Federal Law of Evidence

By   /  June 1, 2012  /  6th Amendment, Civil Procedure, Criminal Procedure, Evidence 

Social Media

Three developments dominated the federal law of evidence during the last twelve months. First, a fully restyled version of the federal rules took effect on December 1, 2011. . . . Second, the Supreme Court further explored the Sixth Amendment’s restraints on hearsay evidence offered against criminal defendants. . . . Finally, social media raised new challenges in courtrooms across the country.

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Twombly and Iqbal: The Introduction of a Heightened Pleading Standard

By   /  June 1, 2011  /  Civil Procedure 

Courthouse

According to the Supreme Court’s decision in Bell Atlantic Corp. v. Twombly, the driving force behind both the Twombly and Ashcroft v. Iqbal decisions was the high cost of discovery. In Twombly, the Court emphasized the high cost of discovery, stating that judicial case management has not been effective in reining in cost.

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