News & Analysis as of

Discovery Negligence Evidence

Offit Kurman

Three Things to Know About Notices to Admit in New York

Offit Kurman on

In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more

Searcy Denney Scarola Barnhart & Shipley

Big-Rig Black Boxes: They Hold the Truth After a Crash – Be Sure to Get It

Truck crash scenes reveal only part of the full story through their debris. Hidden deep within the cab of that 18-wheeler may be a crucial piece of evidence: The electronic control module (ECM), which serves as the truck’s...more

Rodemer Kane Attorneys at Law

Can Text Messages Be Used as Evidence in Personal Injury Cases?

In today’s digital age, text messages play a significant role in communication. Whether through SMS, WhatsApp, or other messaging platforms, people send millions of messages daily, often discussing everything from social...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

Maison Law on

Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Government Plaintiffs’ Closing

Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more

Marshall Dennehey

Pennsylvania Court Issued Discovery Sanction Against Defendants for Late Production of Evidence, Opening Door to Questioning...

Marshall Dennehey on

Brown v. Brooks, 2024 WL 5008506, No. 23-2966 (E.D. Pa. Dec. 6, 2024) - This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery....more

EDRM - Electronic Discovery Reference Model

AI Hallucinations in Court: A Wake-Up Call for the Legal Profession

Despite clear judicial warnings and sanctions, legal professionals continue to submit AI-generated court documents with fabricated content. This disturbing trend, exemplified by cases like Mata v. Avianca, threatens the...more

Buchalter

The 10 “P’s” to Prepare for Wildfire Litigation

Buchalter on

1) Preservation Demand.  Send an evidence preservation notice to anyone you think may be liable or contributed to the fire (so the entity is on notice not to destroy, delete, or alter relevant evidence)....more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Liability in a Car Accident Case in Florida

The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more

Hinshaw & Culbertson - Lawyers for the...

Third Circuit Affirms Plaintiff Must Establish He Would Have Prevailed in Underlying Case But For Attorneys' Alleged Negligence

Brief Summary - The United States Court of Appeals for the Third Circuit, applying Pennsylvania law, affirmed the summary judgment that the district court granted in defendants' favor on plaintiff's alleged legal...more

Lowndes

Data Breach! Miranda Himself May Be Dead, But the Wisdom of the Case that Bears His Name Lives On

Lowndes on

Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more

Troutman Pepper Locke

New Best Practices Under E-Discovery Spoliation Rule

Troutman Pepper Locke on

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

White and Williams LLP

Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated

White and Williams LLP on

In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried...more

Bracewell LLP

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

Bracewell LLP on

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

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