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.
Evidence of Immigration Status May Be Precluded
New York Law Journal
May 21, 2012
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