Legal Blog

Supreme Court defines “favorable termination” of criminal prosecution as an absence of conviction, acquittal is not required

Thompson v. Clark, 596 U.S. _ (2022) Primary Ruling: Supporting a favorable termination of criminal prosecution for purposes of a section 1983 Fourth Amendment malicious prosecution claim, doesn’t require a showing the criminal prosecution ended with an affirmation of innocence; only that the claimant was not convicted. This case bears directly on the presumption of innocence. In this…

Supreme Court Limits Appealing Prisoners’ Rights to Search for New Evidence

Shoop v. Twyford, 596 U.S. _ (2022) Primary Ruling: An order allowing a prisoner to search for new evidence is not “necessary or appropriate in aid” of a federal court’s adjudication of a habeas corpus action. A prisoner must first show that the desired evidence would be admissible in connection with a claim for relief. This is a…

Grieving Families Act and Wrongful Death Lawsuits

New York is one of only two states that do not recognize a family’s emotional trauma over the wrongful death of a loved one. New York’s antiquated wrongful death laws fail to adequately compensate families for the loss of loved ones through another person’s negligent or otherwise wrongful conduct. The wrongful death of a family…

Andrew M. Gelbman, Esq. Attorney at Law

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