David Shimkin, a member of Cozen O'Connor, discusses a First Department decision that upheld the trial court's preclusion of evidence of an undocumented alien's plans to return to his country after trial, and a sharp dissent in the case that found it unfair to prevent the defendant from presenting facts material to the assessment of damages, a significant part of which is often for the expense of future medical care in the United States.
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Evidence of Immigration Status May Be Precluded
New York Law Journal
May 21, 2012
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