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State, 113 S.W.3d 452 (Texas Court of Appeals 2003) (upon directing the technician to back up his files, the defendant `“no longer had a legitimate expectation of privacy in those files’). . . .State v. [read post]

CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/

Widow Refuses to Submit Will to Probate

16 Nov 2015, 5:23 pm

The wife survived the decedent, whose will is the subject matter of this appeal. [read post]

New York Probate and Estate Administration Blog - http://www.newyorkprobateestateadministration.com/

Punitive Damages – How Much Increased Risk Is Enough?

9 Nov 2015, 7:09 am

Back in 2009 – when the blog was still a Bexis/Herrmann operation – we wrote a catch-all punitive damages post entitled (oddly enough) “On Punitive Damages. [read post]

Drug and Device Law - http://druganddevicelaw.blogspot.com/

Tennessee Supreme Court Overturns Hannan Summary Judgment Standard

30 Oct 2015, 6:12 am by The Law Offices of John Day, P.C.

., 270 S.W.3d 1 (Tenn. 2008), “return[ing] to a summary judgment standard consistent with Rule 56 of the Federal Rules of Civil Procedure. [read post]

Day on Torts - http://www.dayontorts.com/

MDL Judge Allows Manufacturing Defect Claim to Go to Trial with No Direct Evidence of a Defect in the Device Actually Implanted in Plaintiff

19 Oct 2015, 8:25 am

346 S.W.3d at 540-41. [read post]

Drug and Device Law - http://druganddevicelaw.blogspot.com/

On Amending Rule 702 of the Federal Rules of Evidence

17 Oct 2015, 5:29 am by Schachtman

Here is one that is not discussed: shifting the burden of proof on admissibility to the opponent of the expert witness’s opinion: “Testimony from an expert is presumed to be helpful unless it concerns matters within the everyday knowledge and experience of a lay juror. [read post]

Tortini - http://schachtmanlaw.com/blog/

Statute Trumps Court Decision – “Ordinary” Negligence Claims Essentially Gone in Medical Malpractice Cases

13 Oct 2015, 6:02 am by The Law Offices of John Day, P.C.

According to the parents, a certificate of good faith was not necessary in this matter. [read post]

Day on Torts - http://www.dayontorts.com/

Communication Tips in Divorce Mediation

10 Oct 2015, 1:08 pm by Law and Mediation Office of Darren M. Shapiro, P.C.

., S.W Whicher, M.A, J.D., and M. [read post]

Long Island Family Law and Mediation Blog - http://www.longislandfamilylawandmediation.com/

Heedless Heeding Presumptions – How New York Law Became a Morass

8 Oct 2015, 5:00 am

., 843 S.W.2d 807, 811 (Ark. 1992); Arnold v. [read post]