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Archive for the ‘Litigation’ Category

*All Posts,Agreements,Contracts,Divorce,Litigation,Property-settlement-agreement,Settlement agreement

Prejudgment interest in contract actions are assessed on a discretionary basis as the result of the application of equitable principles

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February 2, 2012 at 11:43 am

*All Posts,Evidence,Litigation,Marital privilege,Privilege

Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt — the exercise of a valid testimonial privilege constitutes an adequate excuse

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January 30, 2012 at 3:58 pm

*All Posts,Invasion of privacy,Recordings,Stalking,Technology

The Government’s attachment of the GPS device to a vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment

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January 23, 2012 at 2:09 pm

*All Posts,Compel discovery,Discovery,Litigation,Motions

Obligations when a motion to dismiss with prejudice for discovery failures has been filed

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January 23, 2012 at 12:32 pm

*All Posts,Defense,Laches

Laches arises from the neglect for an unreasonable and unexplained length of time to do what in law should have been done

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January 20, 2012 at 10:54 am

*All Posts,Litigation,New trial

The failure of opposing counsel to object to an improper comment made in summations raises a presumption that the comment was not sufficiently prejudicial to warrant judicial intervention

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January 19, 2012 at 11:39 am

*All Posts,Defense,Judicial Estoppel,Litigation

Judicial estoppel operates to bar a party to a legal proceeding from arguing a position inconsistent with one previously asserted

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January 17, 2012 at 5:45 pm

*All Posts,Evidence,Expert Testimony,Legal Malpractice,Litigation,Net Opinion Rule

Absent the identification of an act or omission that failed to conform to an articulated professional standard resulting in damages, a legal malpractice expert’s report lacks the why and wherefore amounting to a bare conclusion of professional negligence

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January 17, 2012 at 5:41 pm

*All Posts,Evidence,Expert Testimony,Litigation,Net Opinion Rule

Experts must be able to identify the factual bases for their conclusions, explain their methodology, and demonstrate that both the factual bases and the methodology are scientifically reliable

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January 17, 2012 at 5:40 pm

*All Posts,Agreements,Litigation,Settlement agreement

The confidentiality provisions of a settlement agreement may be inconsistent with the free access by the public to the information sought to be concealed

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January 14, 2012 at 4:28 pm