Evan Torgan

December 29, 2006 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Benjamin N. Cardozo School of Law, write that although the Civil Practice Law and Rules do not require the use of hypothetical questions to elicit expert opinion, the use of such a questioning technique on direct examination serves two purposes.

By Ben B. Rubinowitz and Evan Torgan

11 minute read

July 06, 2010 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: There is no better way to prove medical malpractice than through the mouths of the defendant physicians themselves. Although they may never specifically admit that they departed from accepted standards of medical practice, a skillfully pointed adverse direct examination can leave no doubt as to their culpability.

By Ben Rubinowitz and Evan Torgan

12 minute read

November 01, 2010 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, write: Most jurors will expect your witnesses to testify favorably to your case. They will not, however, expect an adverse witness to testify favorably for you. Therefore, any opposition witness that gives positive testimony for you will help underscore the strength of your case.

By Ben Rubinowitz and Evan Torgan

11 minute read

October 23, 2007 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, argue that the laws regarding damages for wrongful death are old-fashioned, out of date and archaic. Nonetheless, the skilled trial lawyer can try a case that results in significant damages for the limited elements of compensation available.

By Ben Rubinowitz and Evan Torgan

13 minute read

October 25, 2005 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Benjamin N. Cardozo School of Law, reveal several methods used by defense attorneys to mitigate their problem of speaking first in summation and how plaintiff's counsel can counter these tactics.

By Ben B. Rubinowitz and Evan Torgan

11 minute read

October 31, 2006 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that without hypothetical questions attorneys would have more difficulty proving cases, more difficulty disproving opposing theories, and more difficulty convincing juries of the righteousness of their cause.

By Ben B. Rubinowitz and Evan Torgan

14 minute read

October 28, 2004 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that an attorney selecting a jury on behalf of a plaintiff in a medical negligence case faces several obstacles to finding jurors who can hear the evidence and decide the case in a fair and unbiased manner.

By Ben B. Rubinowitz and Evan Torgan

12 minute read

February 23, 2010 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and an adjunct professor at Hofstra University School of Law and Cardozo Law School, and Evan Torgan, a member of Torgan & Cooper, write: Few things are more enjoyable to a cross examiner than exposing a witness who has intentionally lied during direct examination. Far more challenging and a little less dramatic is the task of attacking the average, law-abiding witness who is simply biased in favor of the adverse party.

By Ben Rubinowitz and Evan Torgan

10 minute read

September 14, 2007 | New Jersey Law Journal

The use of well-recognized, authoritative works is critical to effective cross-examination of expert witnesses.

By Ben B. Rubinowitz and Evan Torgan

13 minute read

July 29, 2004 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that whether the photo depicts the general scene of an accident, a specific defect causing injury, a type of instrumentality causing injury, or simply an injury itself, photography provides the trial attorney with an important tool. To effectively offer this persuasive evidence, however, the trial lawyer must know how to lay the proper evidentiary foundation.

By Ben Rubinowitz and Evan Torgan

10 minute read