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April 07, 2017 |

Court: Mention of Excluded Causation Theory Requires New Trial

Defense counsel's references to a theory of causation that had been excluded pretrial were prejudicial to the plaintiffs, a divided state Superior Court panel ruled, granting a new trial in a medical negligence case.
10 minute read
April 07, 2017 | The Legal Intelligencer

Court: Mention of Excluded Causation Theory Requires New Trial

Defense counsel's references to a theory of causation that had been excluded pretrial were prejudicial to the plaintiffs, a divided state Superior Court panel ruled, granting a new trial in a medical negligence case.
10 minute read
August 26, 2015 |

Use of Social Media Against Personal Injury Defendants

Theodore W. Ucinski III and Jamie R. Prisco examine the recent trend in New York of restaurants', retail stores', or malls' social media posts or websites being used against them by injured plaintiffs, and provide some general recommendations as to how defense counsel and their clients should treat social media while involved in such litigation.
10 minute read
July 07, 2015 |

Ten Tips on Defending a DWI Blood Case

Defending a DWI blood case is not impossible; there are a number of viable arguments that can be pursued to achieve a successful result.
8 minute read
May 28, 2015 |

Pa. Supreme Court Denies Appeal in Ford Roll-Over Case

The state Supreme Court has declined to hear a case against Ford Motor Co. that involved a controversial theory of injury in roll-over accidents.
5 minute read
May 11, 2015 |

Ruling on Asbestos Experts a Potential Game Changer

In his Complex Litigation column, Michael Hoenig discusses asbestos litigation and the single-fiber theory, and a bombshell ruling that exposes the tensions between what experts claimed and what New York's legal standards require in order to admit reliable expert testimony.
12 minute read
May 07, 2015 |

Asbestos 'Any Exposure' Arguments Delve Into Causation

The crossroads of medical and legal causation of mesothelioma was on display before the state Supreme Court on Wednesday in a case set to determine whether a plaintiff's expert testimony was based on an impermissible "any exposure" theory of causation.
4 minute read
April 17, 2015 |

Business Groups Say NJ Too Soft on Expert Witnesses

Business interests and lawyers who represent them are urging that New Jersey discard its 22-year-old rule governing the admission of expert testimony and replace it with the more stringent federal standard.
5 minute read
March 10, 2015 |

Defendants Lack Cause for Additional PTSD Testing

The plaintiff in a motor vehicle accident will not need to undergo additional medical testing that the defendants' expert claimed is necessary to render a more accurate examination of the plaintiff's claimed post-traumatic stress disorder, a Lackawanna County judge has ruled.
4 minute read
March 09, 2015 |

'Crashworthiness' Rulings

In his Complex Litigation column, Michael Hoenig reviews two recent rulings, one involving the potential interface of the so-called "eggshell plaintiff" rule with a crashworthiness/enhanced injury claim, the other, the reliability deficits in an expert's conclusions about certain crashworthiness features he claimed would have reduced the injuries.
14 minute read

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