New York Law Journal | Analysis
By Timothy M. Tippins | November 5, 2019
In his Matrimonial Practice column, Timothy M. Tippins explores the question of whether the subjective, nonscientific judgment of evaluators, predicated upon their years of experience, is a legitimate basis for their opinions.
New York Law Journal | Analysis
By Michael Rikon | October 21, 2019
On paper, an expert may be incredibly impressive. But is that enough for one to prevail in a case focused on valuation? After 50 years of trying condemnation cases, Michael Rikon offers advice to expert witnesses on how to properly testify in court.
New York Law Journal | Analysis
By Michael Hoenig | October 15, 2019
In his Complex Litigation column, Michael Hoenig discusses recent decisions, one on design and causation issues and another on a warnings claim, which illustrate that "judicial gatekeeping for expert reliability continues robustly and can affect the outcome of litigation."
By Jason Grant | October 10, 2019
Defendant NYC Health + Hospitals had submitted an affirmation from a pediatric neurologist, who in part had "opined that imaging of plaintiff's brain was not indicated when he presented to Lincoln Hospital and North Central Bronx Hospital because he had suffered only one seizure with fever," the panel wrote.
New York Law Journal | Analysis
By Daniel B. Goldman and Steven S. Sparling | October 10, 2019
The past year and a half witnessed important antitrust law developments for cases involving "two-sided" transaction markets, i.e., markets in which a sale on one side cannot be made without also making a sale on the other side of the market. Recently, the U.S. Court of Appeals for the Second Circuit issued a decision in 'US Airways v. Sabre Holdings', which is the next chapter in this evolving story.
New York Law Journal | Analysis
By Ben Rubinowitz and Evan Torgan | October 3, 2019
In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan review certain time-tested trial techniques that can be used by attorneys to cross-examine an expert regardless of his field of expertise and regardless of his experience.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | July 29, 2019
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss a spate of decisions arising out of the use of nonlegal observers at defense physical examinations, which culminated with a recent decision of first impression on this issue by the Appellate Decision, First Department, in 'Markel v. Pure Power Boot Camp'.
New York Law Journal | Analysis
By Jessie Zeigler and Joseph Ortego | May 20, 2019
It can be tempting to try to obtain as much information as quickly as possible during times of crisis, but you must consider the potential implications on discovery when retaining and working with an expert, whether that expert is in-house or a retained outside consultant.
New York Law Journal | Analysis
By Ben Rubinowitz and Evan Torgan | April 9, 2019
A lawyer must find a way to capture the jury's attention and leave an impression that will last well into deliberations. In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan describe how one effective approach to accomplish is for the lawyer to identify and emphasize key words or phrases that best frame an issue, work those words or phrases into cross-examination and emphasize that frame during final argument.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 1, 2019
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss several appellate decisions from the past year addressing the scope of discovery that may have significance for all litigants in personal injury and medical malpractice actions. While these decisions address a broad range of issues, there is an overriding theme involving the impact of advances in technology on discovery.
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