Andrew S Kaufman

March 21, 2011 | New York Law Journal

With the April 1, 2011, vote on initiative 131 looming on the horizon, it is perhaps a propitious time to address the aspects of the tort reform legislation proposed by this initiative, which relate primarily to a fund for impaired newborns and caps on pain and suffering.

By Andrew S. Kaufman

6 minute read

February 15, 2007 | New York Law Journal

Andrew S. Kaufman, a founding partner of Kaufman Borgeest & Ryan, writes that, in the appropriate case, conceding liability can be an effective strategy. It allows the defense to gain credibility, exclude harmful evidence and decrease costs; it alters the sequence of the trial, so that more viable issues, such as causation or damages, can be addressed first; and it enables the defense attorney to focus his or her time on arguing potentially winnable issues.

By Andrew S. Kaufman

10 minute read

July 24, 2006 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that the lack of a uniform procedure for timing of disclosure of experts between departments further complicates matters by leaving the timing of Frye motions in a state of uncertainty.

By Andrew S. Kaufman

9 minute read

April 17, 2007 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that there is a distinction in New York law between the use of medical literature as a basis for an expert's opinion, which is considered permissible based on the reliability of certain hearsay information within the profession and the revelation in court of the content of those materials for the truth of their assertions, which has not been condoned.

By Andrew S. Kaufman

10 minute read

July 11, 2007 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that jurors' time is beginning to be perceived as a priority, but is still frequently relegated to a position inferior to the rights of litigants. While the end results, the fair resolution of disputes, is certainly a salutary goal, the rights of the people instrumental in attaining that end need not be unnecessarily neglected in the process.

By Andrew S. Kaufman

12 minute read

April 24, 2008 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that the authenticity of records is an important safeguard in certain situations, but the current system elevates procedural requirements in connection with this issue to a level at which they unnecessarily interfere with the efficient administration of justice.

By Andrew S. Kaufman

11 minute read

December 21, 2009 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that New York has been progressive in adopting the loss of chance rather than an all or nothing approach to causation, but in doing so has not consistently and appropriately recognized the concomitant concept of valuation of injury. Its jury instructions, verdict sheet and appellate decisions, he says, have not appropriately incorporated valuation concepts into the charge and verdict sheet.

By Andrew S. Kaufman

14 minute read

February 11, 2011 | Legaltech News

Until New York legislates a private right of action to redress cyberbullying, personal injury lawyers will likely rely on the intentional infliction of emotional distress. Attorneys Andrew Kaufman and Betsy Baydala examine how this tort and other civil theories apply to cyberbullies in the state.

By Andrew S. Kaufman and Betsy D. Baydala

11 minute read