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Remedies For Spoliation Of Evidence

New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to lexis.com subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence scenarios, not involving ESI, New York courts...

William A. Ruskin: Lawyers' Use Of Internet To Influence Jurors

By William A. Ruskin In an earlier article, we discussed the danger posed to an impartial jury system by the " Googling Juror ." In his article titled " Lawyers' Use of Internet to Influence Jurors " (New York Law Journal, 6/12/12), Michael Hoenig cautions that "the danger...

William A. Ruskin: Plaintiff Spoliates Self And Her Case Is Dismissed

By William A. Ruskin On August 7, 2012, the New York Law Journal reported that the lawsuit of a woman, who disobeyed three court orders directing her to undergo a physical examination by a defense medical expert in a personal injury lawsuit before she underwent spinal surgery, was dismissed due to...

William A. Ruskin: Defense Lawyers: Keep This Decision In Your Back Hip Pocket

By William A. Ruskin Having now completed discovery, you have provided the client with a thorough assessment of its potential liability exposure in the case. You are set for trial. On the eve of trial, plaintiff's counsel serves notice that it plans to call four eyewitnesses and an expert,...

William A. Ruskin: Effective Use Of Rhetorical Questions In Jury Summation

By William A. Ruskin The art of persuasion comes in many forms. Recently, we wrote an article about the plaintiff bar’s embrace of Reptile theory . The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors’ brains. However, good...