In a lawsuit involving a rare lung disease allegedly caused by a toxic workplace substance, one of the elements of damages was the cost of a future lung transplant. In a motion in limine, the plaintiff sought an order prohibiting the defense from mentioning he was an undocumented immigrant. The defense argued that since plaintiff might […]
Evidentiary Errors And Attorney Misconduct During Trial Result In Reversal Of $1.2 Million Verdict.
During a test drive of a brand new BMW, the prospective purchaser, the defendant here, crashed and totaled the car and injured the salesman, the plaintiff. A jury awarded plaintiff $1.2 million. Citing evidentiary errors and attorney misconduct, the defendant appealed. The appellate court reversed. One of the evidentiary errors found was that the trial […]
Unacceptable Behavior By Lawyer In Court.
In a trial for injuries resulting from a car accident, the trial court ordered the defense lawyer to refrain from asking a certain question until a foundation was made demonstrating the witness had the expertise to testify on that issue, and that the court would make the foundation determination outside the presence of the jury. […]
Navy’s Surveillance Information Suppressed.
A special agent of the Naval Criminal Investigative Service [NCIS] found evidence of internet activity involving child pornography and turned the information over to civilian authorities. A man was then arrested, convicted and sentenced to 18 years in prison for possessing and distributing child pornography. A federal district court refused to suppress the evidence, and […]
Police Did Not Retain Evidence, So Charges Were Dismissed.
The trial court dismissed robbery charges against three defendants and the prosecution appealed. The night they were arrested, one of the three specifically asked the detective in charge to check the video cameras, which the detective later denied, but was impeached with an audio of the conversation. At the first opportunity, the defense lawyer asked […]
Victim Found To Be Unavailable To Testify Under Sixth Amendment.
The Sixth Amendment provides that an accused shall have the right to be confronted with witnesses against him. In this criminal case alleging child molestation, a jury deadlocked 10 to 2 in favor of conviction in the first trial. In that first trial, the victim, a kindergartener, testified and was cross-examined, but when the case […]
Limited Civil Case For Debt Collection Reversed Based Upon Documentary Evidence.
A purchaser of a delinquent debt, the plaintiff, filed an action against the debtor, defendant. In limited civil cases, under Code of Civil Procedure section 98, documentary evidence may be introduced at trial under certain circumstances, including that the affiant is located within 150 miles of the place of trial, and, thus, available for service […]
You Have A Fifth Amendment Right To Remain Silent….After You Speak Up.
A criminal defendant who had been drinking and speeding caused a collision which resulted in one child’s death and serious injuries to another child. During its case in chief, the prosecution gave much emphasis to the defendant’s failure to inquire about the occupants of the other vehicle as evidence that he was driving without due […]
Motion In Limine Ruling Reviewed For Abuse Of Discretion.
In 2006, two stores in a center were robbed eight days apart. A jewelry store owner in the same center expressed concern to the center’s management about the lack of security. Instead of investing in security, the center’s owners and managers requested the local police department to step up security. Seven months after the first […]
Summary Of Documents Supported By Declaration Based On Information And Belief Found To Be Enough To Support The Grant Of Summary Judgment.
Evidence in support of a motion for summary judgment included the declaration based on information and belief of a lawyer representing the moving party in which he avers he has “personal knowledge of the foregoing, except as to those matters stated on information and belief.” He indicates in his declaration he reviewed the 80 documents […]
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 6
- Next Page »