Evan Torgan

August 27, 2009 | 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, discuss trial tactics for cases involving knee injuries, a prevalent injury in personal injury cases. A skillful opening statement detailing the normal anatomy and describing how the accident caused the pathologic anatomy is a critical step in persuading a jury to find in your client's favor. That, in combination with an artful direct of the orthopedic expert, can go a long way in proving the seriousness of your client's injury and portraying the damages in the case.

By Ben Rubinowitz and Evan Torgan

14 minute read

September 21, 2005 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor 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 soft tissue injury motor vehicle cases where there are pre-existing conditions, intervening medical issues and gaps in treatment are being dismissed more and more easily, but with proper trial techniques, these issues can be overcome.

By Ben B. Rubinowitz and Evan Torgan

13 minute read

September 23, 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 it is a rare event for a lawyer to speak in glowing terms of a magnificent narrative direct examination. Indeed, if done properly it is the witness who shines on direct examination.

By Ben B. Rubinowitz and Evan Torgan

10 minute read

May 08, 2003 | New York Law Journal

By Ben B. Rubinowitz And Evan Torgan

11 minute read

May 04, 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 anyone who has ever walked into a courtroom while the jury is off deliberating can attest that it is hard to find a more relaxed spot in the courthouse.

By Ben B. Rubinowitz and Evan Torgan

13 minute read

July 28, 2009 | 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: Grabbing the audience's attention immediately by beginning the story at a critical point in the plot, only then to return the narrative to the beginning and taking the story up to the point which the audience has already seen has become common in television shows and movies. This technique is easily portable to your opening statements and examination of witnesses. If delivered correctly, it can have the desired effect of maintaining and stimulating your jury's interest in the case, while also focusing it on the moments in time which are critical to your case's narrative.

By Ben Rubinowitz and Evan Torgan

11 minute read

April 22, 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 that while a certain amount of modification or change in testimony might seem reasonable or even innocuous, such action provides ample opportunity to attack a witness. Too often, lawyers fail to establish and reinforce in the minds of the jurors that the change was substantial and must cast doubt on the credibility of the witness.

By Ben Rubinowitz and Evan Torgan

8 minute read

October 31, 2008 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: In garden-variety personal injury cases, the defense generally will not put on its own economist. Instead, it will have its economist acting behind the scenes, preparing the defense for cross-examination of the plaintiff's economist. This has changed lately in catastrophic cases, where enormous numbers are projected for future medical care and diminution in earning capacity. An effective cross, however, can make the defense second-guess its strategy of ever putting its economist on the stand.

By Ben Rubinowitz and Evan Torgan

13 minute read

May 08, 2003 | New York Law Journal

By Ben B. Rubinowitz And Evan Torgan

11 minute read

December 30, 2004 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and an adjunct professor of law, teaching trial practice at Hofstra University School of Law, and Evan Torgan, a member of Torgan & Cooper, and an adjunct professor of law, teaching trial practice at Benjamin N. Cardozo School of Law, write that medical malpractice cases pit the plaintiff's trial lawyer against formidable obstacles.

By Ben B. Rubinowitz And Evan Torgan

13 minute read