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January 19, 2024 | The Legal Intelligencer

Warning: Your Opening Statement or Closing Argument May Be Used Against You

The question lawyers need to ponder—and adversaries need to pounce upon—is whether that same admonition applies to what lawyers say in their openings and closings, with the added concern that the warning will be anything you say SHALL be used against you, and you can't dispute it.
4 minute read
May 18, 2022 | New Jersey Law Journal

E-Discovery: Modernizing a Practitioner's Approach in a Post-Pandemic Social Media Era

Practitioners should be aware of additional media channels and communication options when requesting ESI. As soon as litigation is anticipated, counsel should determine both whether relevant ESI may be found in these alternative media, and the accessibility of this information.
8 minute read
July 12, 2021 | Daily Business Review

Florida Jury Awards $4M Verdict to Man in Car Crash: Read the Litigation Strategy That Yielded 10 Times the Initial Offer

"I think sometimes lawyers shy away from trying cases," said plaintiffs counsel Adrienn Toth.
5 minute read
June 10, 2021 | Daily Business Review

Florida Jury Awards $1 Million to Man Injured in Car Crash

The plaintiff sued defendant State Farm Mutual Automobile Insurance Co. for allegedly failing to honor his uninsured and underinsured motorist coverage.
3 minute read
April 07, 2021 | New York Law Journal

A Policy Exhaustion Refresher and Questions of Applicable Law, Discoverability

In this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth provide an update on a prior split between the Appellate Terms in the First and Second Departments concerning exhaustion of the policy limits, and discuss decisions involving conflicts of law and discoverability of a special investigative unit (SIU) file, respectively.
10 minute read
September 14, 2020 | New York Law Journal

NY Law Remains Unclear on Non-Party 5th Amendment Invocations and Negative Inferences

In this article on Constitutional Law, Steven Henesy discusses whether a non-party's invocation of the Fifth Amendment can result in a negative inference against a party in a civil case in New York.
10 minute read
August 05, 2019 | New York Law Journal

Punitive Damages for Destroying Records

Without question, the most effective deterrence to the destruction or alteration of medical records in an effort to evade liability for medical malpractice liability is the potential for a punitive damages award to be imposed against the offending party. In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a decision in which the Second Department upheld such an award for that precise misconduct.
12 minute read
December 13, 2018 | The Legal Intelligencer

The Uncommon Law of 2018: Reversals of Precedent and Splits of Authority Dominate

Over the past year there have been dramatic reversals of long-standing law by a newly activist Pennsylvania Supreme Court. There have been clarifications of recurring civil litigation issues by both the Superior Court and Commonwealth Court.
17 minute read
February 14, 2018 | Connecticut Law Tribune

Jury Awards an East Hampton Pedestrian Hit by Car $240,000

The verdict came after the jury found the driver, who was backing out of a parking space, liable for the pedestrian's shoulder injury.
2 minute read
December 13, 2017 | Connecticut Law Tribune

Niantic Woman in Four-Car Crash on I-95 Gets $240,000 Settlement

Heather Cymbala, who suffered a herniated disc following a collision on I-95 in 2014, has settled the case with three insurance carriers for a total of $240,000.
2 minute read

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