Tag Archives: Evidence

Fifth Circuit Affirms Exclusion of Offshore Employee’s Drug Test Evidence and Substantial Jury Award

In a recent admiralty and maritime case, Hale v. Wood Grp. PSN, Inc., No. 18-31090, 2019 WL 1773276, at *2 (5th Cir. Apr. 22, 2019), the Fifth Circuit affirmed the exclusion of a drug test as evidence pertaining to Plaintiff, … Continue reading

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New York Court Rules Dead Man’s Statute Does Not Preclude Evidence of Written Consent in a Medical Malpractice Case

Prior to surgery, the physician performing the surgery will typically obtain the patient’s informed consent. The process of obtaining informed consent involves advising the patient of any potential risks to the surgery and asking if the patient understands the risks … Continue reading

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The Impact of Industry Consolidation on Government Procurement: Evidence from Department of Defense Contracting

The Impact of Industry Consolidation on Government Procurement: Evidence from Department of Defense Contracting By: Rodrigo Carril; Mark Duggan Abstract: We study the relationship between market structure and public procurement outcomes. In particular, we ask whether and to what extent… … Continue reading

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Under What Circumstances Will a Judge Enter Default Judgment as a Sanction for Spoliation of Evidence?

Author: Caiti DerenzeCase Citation: Organik Kimya, et al. v. ITC, 843 F.3d 994 (U.S. App. 2017)Employee/Personnel/Employer Implicated: EmployeeseLesson Learned: Parties facing litigation need to give employees a litigation hold notice.Tweet this: Destroying evidence can lead to a default judgment. What … Continue reading

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Case o' The Week: Protection sans Objection – Haines and FRE 412 Evidence

  The Federal Rules of Evidence cannot be used as both a sword and a shield.  (By the defense).United States v. Haines, 918 F.3d 694 (9thCir. Mar. 14, 2019), decision available here.Players: Decision by visiting District Judge Adelman, joined by … Continue reading

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