A new day for DNA? Despite widespread acceptance, admissibility standards vary

Article Abstract:

US v Jakobetz dealt with the admissibility of DNA evidence. The judges' decision to admit the evidence was based on two factors. The first was the 'Frye' test, namely, whether a technique has gained general acceptance in its field. The second was relevance, namely, whether the evidence's materiality and reliability outweighed its tendency to unfairly prejudice the defendant. Some 25 states and two federal courts have considered DNA evidence admissibility, and the standards applied have varied.

Evidence (Law), DNA testing, DNA identification

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Trademarks; attorneys exempt from liability

Article Abstract:

The 3d Circuit has ruled in Electronic Laboratory Supply Co v. Cullen that lawyers who prepare a trademark application cannot be charged with unauthorized ex parte seizure according to the Lanham Act. Motorola Corp attorneys had sought ex parte seizure against a company they suspected of selling Motorola semiconductors abroad. The company sued for wrongful seizure, but the court held that a close reading of the Lanham Act indicated a legislative intent to exempt lawyers.

Attorneys, Lawyers, Trademarks

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How high the risk? The Third Circuit sets liability standards for jail-house suicides

Article Abstract:

The Third Circuit upheld a wrongful death verdict against the city of Philadelphia in a jail suicide and clarified standards for municipal liability. The court held that the policy-setting officials, rather than jail personnel, were the proper focus for litigation, since policy makers could act to reduce suicides among jail inmates.

Standards, Government liability, Suicide

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