Some recent cases, such as Yegiazaryan v. Smagin and Medical Marijuana v. Horn, show that the courts are grappling with the statute’s injury requirement and might expand the sense of hope for plaintiffs.
In the November 7, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Civil RICO’s Expanding Reach: From Foreign Schemes to Lost Employment.” Continue reading ›
Until the circuit split regarding Rule 34 “control” over ESI possessed by a third party is resolved, determining an employer’s obligation to preserve and produce ESI contained on an employee’s personal mobile device that is used for work-related purposes will remain murky waters.
In the October 24, 2024 edition of The Legal Intelligencer, Beth Hurley wrote, “An Employer’s Rule 34 ‘Possession, Custody and Control’ Over ESI on ‘BYOD’ Devices.” Continue reading ›
Although hearsay evidence is generally prohibited, the definitional carve-outs and exceptions provide trial judges with the latitude to admit trustworthy evidence that would otherwise be excluded. Both the Pennsylvania Code and the Federal Rules of Evidence recognize such exceptions, but they approach their admissibility and use with distinct priorities and limitations.
In the October 17, 2024 edition of The Legal Intelligencer, Edward Kang writes, “A Word on Hearsay: Using Prior Statements Under Pennsylvania and Federal Rules.” Continue reading ›
Kang Haggerty member Kyle Garabedian has been announced as the co-chair of The Legal Intelligencer’s Young Lawyer Editorial Board, serving a two-year term. Continue reading ›
As an initial matter, the government’s refusal to intervene in an FCA action does not strip a relator of his Article III standing in bringing an FCA action when the relator does not suffer an injury in fact. Qui tam actions present a “well-established exception” to the traditional Article III analysis.
In the August 30, 2024 Edition of The Legal Intelligencer, Edward Kang writes, “Going It Alone: Can Whistleblowers Seek Corporate Veil-Piercing in Declined Cases?” Continue reading ›
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information (ESI). The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.
In the August 8, 2024 Edition of The Legal Intelligencer, Kelly Lavelle writes, “Impact of Blockchain on Data Preservation and Discovery.” Continue reading ›
Pennsylvania has unique procedures for raising and preserving issues for appeal after trial that could “surprise” many unsuspecting practitioners, especially those who do not practice regularly in the commonwealth.
In the July 18, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “Better Safe Than Sorry: Filing Post-Trial Motions in Pennsylvania.” Continue reading ›
Civil RICO is seen as “the litigation equivalent of a thermonuclear device,” and civil RICO claims are often employed in complex, high-stakes litigation.
In the July 5, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “From Mobsters to Fraudsters: Clearing the Bar for Civil RICO Claims.” Continue reading ›
Hypothetical questions can help facilitate conversations on judgments about the perceived likelihood or potential consequences of an event or an action. They can also help reveal hidden or flawed assumptions. Supreme Court justices, for instance, often use hypothetical questions to test the outer boundaries of what the advocate is asking the court to declare and of what the court may have to decide.
In the June 20, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “The Whole Truth: Addressing Hypothetical Questions to Lay and Expert Witnesses.” Continue reading ›
Despite the growing prevalence of the use of hyperlinks, only a handful of courts have addressed the issue of modern attachments to date.
In the June 10, 2024 edition of The Legal Intelligencer, Kelly Lavelle wrote, “Navigating the Shift: Understanding Modern Attachments in E-Discovery.” Continue reading ›
Kang Haggerty News