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August 10, 2020 | New York Law Journal

A Lie is a Lie is a Lie: Toward a Broader Application of the Tailored Testimony Rule

Tim Capowski and John Watkins discuss the inherent problems with the "tailored testimony rule" and conclude that "allowing litigants to reverse or revise themselves, without explanation, and without penalty undermines the search for truth and turns litigation into mere sport."
18 minute read
July 28, 2020 | New York Law Journal

Manhattan Judge Reduces Jury's $102M Injury Award, but OKs $40M for Pain and Suffering

The brain injured, 30-year-old Suffolk County man's lawyer, Benedict Morelli, says that the $40.6 million in pain and suffering damages, if upheld by the Appellate Division, First Department in an expected appeal, would be more than double any past pain and suffering award affirmed in New York State.
7 minute read
July 27, 2020 | New York Law Journal

Ahead to the Past (Part III of III): The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear Verdicts

The first two parts of this series discussed the role of certain tactics and improper summation techniques and what the defense bar and the judiciary can and should do to curb these abuses and restore sane, predictable, compensatory justice to the tort system. This third and last part turns outside the courtroom itself to the broader culture that enables these abuses.
12 minute read
July 13, 2020 | New York Law Journal

Ahead to the Past: The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear Verdicts

Part one in a three-part series discussing the different angles of the nuclear verdict/social inflation dilemma in New York.
15 minute read
June 30, 2020 | New York Law Journal

The Principle of Party Presentation

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the Sineneng-Smith case, where the U.S. Supreme Court rebuked the Ninth Circuit for unilaterally injecting an entirely new substantive issue into a case that had already been briefed, argued and submitted for decision.
8 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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May 05, 2020 | New York Law Journal

U.S. Supreme Court Debates Stare Decisis Principles

In their Appellate Practice column, Thomas Newman and Steven Ahmuty discuss 'Apodaca v. Oregon,' and its companion case, 'Johnson v. Louisiana,' where a plurality of the U.S. Supreme Court held that although the Sixth Amendment right to trial by jury requires a unanimous jury verdict in federal criminal trials, it does not require a unanimous verdict in state criminal trials.
9 minute read
April 28, 2020 | New York Law Journal

Improper Summation Anchoring Is Turning the New York Court System on Its Head and Contributing to the Demise of New York State

The problem is clear, the consequences are acute, but the solution is simple. The courts must act today to protect New York from the upward spiral of pain and suffering awards by putting an end to improper anchoring before it causes further damage.
14 minute read
March 03, 2020 | New York Law Journal

Jurisdictional Considerations in the Appellate Division

In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the three basic jurisdictional considerations in the Appellate Division: aggrievement, appealability and reviewability. Judging by the volume of decisions addressing these threshold jurisdictional requirements, practitioners often overlook them before embarking upon the time and expense of an appeal.
9 minute read

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