E-Discovery LLC

JULY 5, 2024

The Supreme Court of Maryland is considering a challenge to authentication of video evidence using the “pictorial testimony theory.” On appeal, defendants unsuccessfully challenged the authentication of the video evidence. at *9 (“His method of obtaining the evidence was also similar to the other videos….”).

Evidence 130

Evidence Witnesses Cross-Examination Precedent 130

E-Discovery LLC

JULY 3, 2025

The Court explained in detail the requirements of a Rule 37(e) motion and then applied them: Plaintiff has failed to put forth sufficient evidence of the four necessary elements to trigger the application of Rule 37(e) at all, let alone proven by clear and convincing evidence the intent required to show she is entitled to the remedies she seeks.

Evidence 130

Evidence Cross-Complaint Cross-Examination Litigation 130

E-Discovery LLC

MARCH 3, 2025

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.

Evidence 130

Evidence Discovery Affidavits Pleadings 130

E-Discovery LLC

NOVEMBER 23, 2024

The circuit court order precluded plaintiffs “from supporting claims and/or introducing evidence in support of claims” that defendants breached the standard of care. It also precluded them from introducing evidence at trial if the evidence was the subject of unanswered discovery requests. emphasis added].

Evidence 130

Evidence Pleadings Discovery Precedent 130

Law Sites

MARCH 4, 2025

LexisNexisLegal & Professional said today that it has launched CaseMap+ AI, a new version of its platform for managing litigation matters and evidence that incorporates generative artificial intelligence to enhance the review of deposition transcripts and documents.

Case Management 130

Case Management Depositions Litigation Evidence 130

E-Discovery LLC

JUNE 24, 2025

The court held that, combined with other evidence, the privilege log raised factual disputes and credibility issues. Connor had pointed to evidence sufficient to survive summary judgment on the State-law claims. Privilege logs have been used as evidence that the duty to preserve was triggered by assertions of work product.

Privileged Communication 130

Privileged Communication Evidence Admissibility Discovery 130

IP Watchdog

NOVEMBER 27, 2024

This week in Other Barks & Bites: OpenAI files a response letter denying it deleted evidence in its copyright dispute with The New York Times; Google and the Department of Justice make their final arguments in online ad monopoly case; music economist Will Page releases report claiming music copyright industry is in a boom time.

Evidence 59

Evidence 59

Civil Litigation Brief

JUNE 20, 2025

We are looking, again, at a case where there were issues as to evidence. Part of the defendant's case was that the evidence was not admissible or was hearsay. The defendant's arguments did not prosper. Hearsay is admissible, the real.

Burden Of Proof 59

Burden Of Proof Evidence Admissibility Witnesses 59

Insurance Journal

MAY 29, 2025

The West Virginia Supreme Court has ruled 3-2 that a prison nurse is entitled to workers’ compensation benefits for her COVID-19 disease because she provided sufficient evidence that she contracted it in her workplace and not outside of work. Brittany …

Court Rules 105

Court Rules Evidence 105

Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

If you are a business owner, what evidence do you need to confirm that legal malpractice caused your business to suffer losses? Thus, you must gather key evidence, such as: Financial records: Balance sheets and income statements can show the decline in business performance after the alleged malpractice took place.

Evidence 97

Evidence Expert Testimony Objections Litigation 97

Plaintiff Trial Lawyer Tips

JUNE 25, 2025

Make the Evidence Memorable : Tie key facts to themes within your story. Evidence should be disclosed in the same way. Dr. Marinakis notes: “Jurors will never remember all of the evidence, but if they remember the story, they can effectively argue your position during deliberations.

Evidence 100

Evidence 100

Insurance Journal

JANUARY 10, 2025

Southern California Edison said on Thursday it had received notices from insurance companies to preserve evidence related to the Eaton Fire that is still burning in Los Angeles, but said no fire agencies have pointed the utility’s connection to the …

Evidence 98

Evidence Insurance 98

E-Discovery LLC

AUGUST 12, 2024

The July 2024 “Notice of Proposed Rules Changes” of the Maryland Standing Committee on Rules of Practice and Procedure – – 223rdreport.pdf (mdcourts.gov) – – proposes rules that address the issue of how “digital media” – – a term of art – – is placed in the record, both in open court and in pleadings (..)

Evidence 130

Evidence Pleadings Exhibits 130

Jonathan Leach LLC

JUNE 24, 2025

They include a judge, jury, deliberation, and evidence presentations. Improved Critical Thinking- These trials foster critical thinking by teaching students how to develop an argument, make make-or-break decisions, and analyze evidence. If you’re interested in building your courtroom confidence, call us at (972)-890-8482 today!

Jury Deliberation 96

Jury Deliberation Evidence 96

Insurance Journal

JUNE 5, 2025

Corporate investigators found evidence that Chinese hackers broke into an American telecommunications company in the summer of 2023, indicating the country’s attackers penetrated the US communications system earlier than publicly known. Investigators working for the telecommunications firm discovered last year …

Telecommunications 89

Telecommunications Evidence 89

E-Discovery LLC

JUNE 25, 2025

The parties then agreed: “Plaintiffs agree to bear the costs of imaging in the first instance, but reserve all rights to later seek to recover costs and expenses associated with the Imaging Motion, including (but not limited to) recovering costs and expenses based on further discovery violations and/or evidence of spoliation.”

Discovery 130

Discovery Evidence Healthcare Litigation 130

Attorney at Work

JULY 22, 2021

But there was a moment where I was able to point the judge to a sentence in my brief referring to a piece of evidence in the case. I remember thinking that it is all about the evidence. I started Clearbrief to help lawyers find the evidence that supports their arguments and wins the case. I saw the judge change his mind.

Legal Arguments 246

Legal Arguments Evidence Technology Legal Precedent 246

Civil Litigation Brief

JUNE 20, 2025

There have been a number of cases where litigants have run into difficulties because they have not complied with the requirements for witnesses who give evidence remotely from abroad. We see an example of this case where there a conflict.

Witnesses 52

Witnesses Evidence Litigation 52

Attorney at Work

JUNE 29, 2021

In other words, you see what you look for — and we are always looking for evidence that our beliefs are correct. So if you believe you are not good enough, you will focus on evidence that you don’t measure up. Despite evidence to the contrary, you will unconsciously associate with people who will confirm you are defective.

Discovery 296

Discovery Jury Selection Evidence Exhibits 296

E-Discovery LLC

JUNE 28, 2025

The Court affirmed the holding that the asserted prejudice from the failure to produce was insufficient to support exclusion of the evidence. Johnson] intended to introduce the photos into evidence’ at trial.” The Hagerstown Court wrote that exclusion of evidence based on a discovery violation is not favored. Rule 2-433(a)(2).

Discovery 130

Discovery Cross-Examination Objections Evidence 130

Civil Litigation Brief

JULY 2, 2025

The preparation of witness statements is an essential part of the stock in trade for most litigators. It is surprising how often statements are ill prepared, they are a regular feature of this site. We see examples here when the.

Witnesses 52

Witnesses Evidence Litigation 52

E-Discovery LLC

JUNE 10, 2025

Interestingly, this is the same type of evidence produced two decades ago in the seminal Zubulake case. Defendants add that such orders by courts are limited to circumstances in which the party has demonstrated technical incompetence or a demonstrated attempt to secrete evidence. Zubulake (Aug. 18, 2012). [1]

Discovery 130

Discovery Exhibits Precedent Evidence 130

Law Sites

JULY 9, 2024

A pivotal moment for her came in an asylum case she was handling pro bono, when her ability to point the judge to critical evidence that supported her arguments saved […] Jacqueline Schafer, the founder and CEO of Clearbrief, was inspired to start the company based on her own experiences as a litigator and appellate advocate.

Evidence 174

Evidence Litigation 174

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses 130

Witnesses Evidence Admissibility Objections 130

Attorney at Work

MAY 2, 2022

Just as in the courtroom, for every claim you make in your content, back it up with some persuasive evidence (preferably testimony from others who know, like and trust you). As a content creator, and as a lawyer, your job is to find evidence to support your claims. The jury (your reader) is watching closely.

Legal Services 298

Legal Services Objections Evidence 298

E-Discovery LLC

AUGUST 23, 2024

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug.

Cross-Examination 130

Cross-Examination Exhibits Evidence Witnesses 130

Civil Litigation Brief

JULY 1, 2025

We are considering here a very, very, late application by a defendant to call expert evidence. Unsurprisingly the application did not find favour with the court. The judge then went on to consider the consequences given that the claimant had.

Evidence 52

Evidence Witnesses 52

IP Watchdog

JULY 1, 2025

Patent and Trademark Office (USPTO), the Federal Circuit found that the Board’s validity ruling was ultimately infected by an erroneous construction of the transitional phrase “consisting essentially of” in light of intrinsic evidence supporting a narrow interpretation for that disputed claim term.

Construction 59

Construction Evidence Litigation 59

Attorney at Work

MARCH 15, 2022

One of my attorney-clients begins the new year by revisiting her retainer agreement and reading the evidence code cover to cover. It may not be the evidence code for you, but each of us has some piece of the library that is critical to our practice. For solo and small firm lawyers, that can mean many things. Those are great ideas.

Evidence 263

Evidence Depositions Technology 263

DAPHNE ALABAMA CRIMINAL DEFENSE BLOG

MAY 22, 2025

When police officers pull people over on suspicion of a driving under the influence (DUI) violation, their focus is often on gathering evidence. If the officer cannot provide a valid justification for initiating the traffic stop, for example, any evidence gained during that inappropriate stop may not be admissible in court.

Defense Strategy 72

Defense Strategy Evidence Admissibility Insurance 72

Civil Litigation Brief

JUNE 26, 2025

However, perhaps more significantly, it is about evidence, the impact of. Here we are looking at an important decision of the Court of Appeal. On the face of it it is about a defendant's failure to prove a statutory defence.

Evidence 52

Evidence Witnesses 52

E-Discovery LLC

AUGUST 29, 2024

The Covington Court then held that dismissal was not appropriate: Even if Plaintiff breached his duty to preserve evidence, Defendants have not demonstrated that Plaintiff did so with a culpable state of mind. Consequently, Defendants’ motion to dismiss based on fraud or spoliation of evidence will be denied. citations omitted).

Evidence 130

Evidence Discovery Litigation 130

IP Watchdog

JUNE 27, 2025

Solicitor General’s views in the latest cert petition involving induced infringement claims stemming from skinny label indications for generic pharmaceuticals; former Under Secretary for Science Paul Dabbar is confirmed as the Deputy Secretary of Commerce; Samsung wins a FRAND determination on a request for declaratory judgment in its case against (..)

Pharmaceuticals 66

Pharmaceuticals Evidence 66

E-Discovery LLC

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 130

Civil Litigation Brief

JUNE 12, 2025

The claimants did not have sufficient evidence to satisfy the court it should make the order they were seeking. We are looking at a case where there was clear example of a failure to prove things. In fact the judgment.

Evidence 52

Evidence 52

Civil Litigation Brief

JULY 2, 2025

However this is a site about civil procedure and evidence so we are largely bypassing the intrigue and lies (but not the potential of a finding of contempt of court) . Here we have a case about MI5, spies and lies.

Evidence 52

Evidence Witnesses 52

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. The Appeals Court explained that a witness may offer narrative testimony but cannot “interpret” audio or video evidence because interpretation would invade the province of the jury. State , 261 Md.

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130