Knotty Issues of eDiscovery
California Code of Civil Procedure 630.01 to .08 allows for expedited one day civil trials, where each side gets three hours to present their case. There are serious waivers, such as motions for directed verdict, motions to set aside the verdict or any judgment rendered by the jury, or motions for[…]
Read moreA police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on. People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1. The passengers might have been hoping, “There is nothing to see here.” After stopping the car with the Defendant and two passengers,[…]
Read morePlaintiffs brought a motion for a new trial because of an email sent by a juror to the Plaintiffs’ attorney four days after a defense verdict. Wilgus v. F/V Sirius, Inc., 2009 U.S. Dist. LEXIS 100094 (D. Me. Oct. 27, 2009). The email stated: [D]id you know your plaintiff[s] advocated[…]
Read moreIn United States v. Shelnutt, a member of the press requested the right to “Tweet” a criminal trial on Twitter. The court denied the request pursuant to Federal Rule of Criminal Procedure Rule 53. United States v. Shelnutt, 2009 U.S. Dist. LEXIS 101427 (M.D. Ga. Nov. 2, 2009). Federal Rule of Criminal[…]
Read moreA criminal defendant appealing his conviction on ineffective counsel and insufficient evidence to support his convictions challenged text message evidence. State v. Loye, 2009 Minn. App. Unpub. LEXIS 660, 1 (Minn. Ct. App. 2009). The Defendant’s key argument at trial was challenging his victim’s credibility as the only witness to[…]
Read moreUnited States v. McRae, 2009 U.S. Dist. LEXIS 32411 (W.D. Tenn. Apr. 15, 2009) is a 1983 action against a police office for violating a prisoner’s rights. The incident was captured on video and had been broadcast on the news, with denouncements and outcry from politicians, public figures, the Plaintiffs[…]
Read moreWe live in an age where our jury pool watches CSI, History Channel battle re-enactments, and movies on iPods. To say we are visual society is an understatement. How can lawyers maximize technology to better communicate facts showing liability why an engine failed to the modern juror? The first step[…]
Read more“Watching an incompetent lawyer is like watching a clumsy ballerina.” Magistrate Judge John M. Facciola, February 4, 2009 Magistrate Judge John M. Facciola’s keynote at Legal Tech 2009 had a call to action for lawyers to have certifications and standards of competence regarding technology. In light of how everyday life[…]
Read moreMichael Berman, Esq., of Rifkin, Livingston, Levitan & Silver, LLC, argued to excluded email messages and a voice mail at the CT Summation Best Practices Summit, held in Washington, DC on May 20th, 2008. The Best Practices Summit included a mock motion in limine hearing. In the fictional case, the[…]
Read moreMy friends laughed hysterically when I had jury duty last year. Apparently, the idea of a lawyer having to do his civic duty is funny. And yes, for the record, I did wear my bow tie. During the jury selection process, my exchanged with the judge went as follows:[…]
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