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Verdicts
Appeals Court Says Plans to Use Past Expert Testimony In Cross Need Not Be Disclosed
A New Jersey appeals court says that although attorneys must disclose that they have accessed an opposing expert witness's testimony, they need not indicate whether they plan to use it or not because decisions about cross-examination “involve the attorney's mental processes” and therefore they “are inherently work product.” Dalton v. Crawley, et al., Superior Court of New Jersey No. 4033-12T3.
The plaintiff's decedent died at the age of 39 from Community-Acquired Methicillin Resistant Staphylococcus (CA-MRSA), and the plaintiff sued the hospital where the deceased was treated. When the plaintiff's attorney deposed one of the defense witnesses, it became apparent to the defense that the attorney was working with transcripts of testimony the defense expert had given in a previous case. The defense's side then demanded copies of those transcripts, and the plaintiff's lawyer refused to hand them over, saying his strategy concerning examination of the expert was his work product.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.