John F Watkins

March 04, 2022 | New York Law Journal

This boundary-pushing has an erosive and corrosive effect.

By Timothy R. Capowski, John F. Watkins and Sofya Uvaydov

27 minute read

July 27, 2020 | New York Law Journal

The first two parts of this series discussed the role of certain tactics and improper summation techniques and what the defense bar and the judiciary can and should do to curb these abuses and restore sane, predictable, compensatory justice to the tort system. This third and last part turns outside the courtroom itself to the broader culture that enables these abuses.

By Timothy R. Capowski, John F. Watkins, and Jonathan P. Shaub

13 minute read

July 13, 2020 | New York Law Journal

Part one in a three-part series discussing the different angles of the nuclear verdict/social inflation dilemma in New York.

By Timothy R. Capowski, John F. Watkins, and Jonathan P. Shaub.

17 minute read

September 04, 2019 | New York Law Journal

In three of the Appellate Division Departments, a plaintiff wishing to impose Labor Law §200 liability on an owner or general contractor in a "means and methods" case must establish that the owner or GC "actually exercised" control over the means and methods of the work. However, in the Second Department, since 'Ortega v. Puccia,' an owner or GC may be held liable if it had "authority" to control the means and methods of the work. In this article, the authors suggest it is well past time to remedy this split between the Departments.

By Timothy R. Capowski and John F. Watkins

9 minute read

July 12, 2019 | New York Law Journal

We recommend that defense attorneys advocate more aggressively for CPLR 5501(c) comparative case analysis review of future medical awards.

By Timothy R. Capowski and John F. Watkins

9 minute read

June 26, 2019 | New York Law Journal

Abuse of the right to suggest a proposed figure pursuant to CPLR 4016(b) cannot be permitted without violating the explicit point and purpose of CPLR 5501(c) and should no longer be tolerated.

By Timothy R. Capowski and John F. Watkins

9 minute read