Andrew S Kaufman

Andrew S Kaufman

May 12, 2023 | New York Law Journal

The Need for Judicially Imposed Limits in the Interest of Time

An argument for imposing time limits at trial by two attorneys who recently tried a case in the Southern District where the judge did just that.

By Andrew S. Kaufman and Betsy D. Baydala

4 minute read

April 15, 2020 | New York Law Journal

A Look Ahead at Personal Injury Litigation in the Wake of the Pandemic

As the pandemic continues, there will no doubt be increasing pressure to conduct various proceedings, formally (such as court conferences) or informally (such as meetings with clients and experts).

By Andrew S. Kaufman

8 minute read

October 23, 2017 | New York Law Journal

The Missing Link in Lavern's Law

Peter A. Kolbert and Andrew S. Kaufman write: It is time for thoughtful evaluation of New York state's tort laws as they apply to medical malpractice and personal injury cases. Lavern's Law should not be signed into law unless it is part of a broader effort to achieve fairness for all parties in medical malpractice cases.

By Peter A. Kolbert and Andrew S. Kaufman

17 minute read

May 15, 2017 | New Jersey Law Journal

How to Handle Hindsight Bias When Defending Radiology Claims

Errors in perception form the basis for the vast majority of radiology malpractice claims. Such claims are susceptible to a pernicious and insidious form of bias on the part of plaintiff's expert as well as the jury.

By Andrew S. Kaufman

20 minute read

May 04, 2017 | New York Law Journal

How to Handle Hindsight Bias When Defending Radiology Claims

Andrew S. Kaufman writes that suits against radiologists have become ubiquitous in our society, and the potential monetary exposure tends to be high. The vast majority of such claims are based on a radiologist's not appreciating an abnormality, a claim that is susceptible to a pernicious and insidious form of bias on the part of plaintiff's expert as well as the jury.

By Andrew S. Kaufman

21 minute read

April 14, 2015 | New York Law Journal

Justice Delayed: An Argument for Time Limits at Trial

There is no question that wide latitude should be accorded counsel and the court in terms of presentation of a case, but at some point does the excessive use of time becomes an abuse?

By Andrew S. Kaufman

4 minute read

April 13, 2015 | New York Law Journal

Justice Delayed: An Argument for Time Limits at Trial

There is no question that wide latitude should be accorded counsel and the court in terms of presentation of a case, but at some point does the excessive use of time becomes an abuse?

By Andrew S. Kaufman

4 minute read

April 18, 2012 | New York Law Journal

Admissibility of Scientific Literature in the Internet Age

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that unlike the federal courts and a majority of state courts, New York has declined to recognize a hearsay exception that would permit admission of scientific literature. Some New York courts have created limited exceptions to the general prohibition on these materials, but this piecemeal approach to admissibility is not ideal, and does not address the concern that jurors already have unfettered access to these materials during the course of trial via the Internet.

By Andrew S. Kaufman

11 minute read

December 17, 2010 | Law.com

Social Networks in Personal Injury Litigation

Social network profiles are a fertile source of evidence for the condition and activities of a litigant in a personal injury claim. While privacy concerns may serve as an objection to disclosure, the nature of social networking tends to belie this position, says attorney Andrew S. Kaufman.

By Andrew S. Kaufman

11 minute read

August 13, 2007 | New York Law Journal

Is Your Case 'Noseworthy'?

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that the case of Noseworthy v. City of New Yorkis the seminal case in New York regarding a reduced burden of proof in a death case. The NoseworthyCourt held that a deceased plaintiff was entitled to a lesser burden of proof, where the death was the result of an accident allegedly due to the defendant's negligence.

By Andrew S. Kaufman

11 minute read


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