Jonathan P Shaub

November 13, 2020 | New York Law Journal

In this article the author's focus on the most insidious and all-too-prevalent improper summation trope: the plaintiff's attack based on the defendant's purported "failure to take responsibility."

By Timothy R. Capowski, Jonathan P. Shaub, Joseph J. Belgane and Jennifer A. Graw

13 minute read

October 19, 2020 | New York Law Journal

Timothy Capowski, Jonathan Shaub and Jennifer Graw write: "The largest impediment to accurately valuing cases arises from the myth that the Appellate Division is endorsing larger and larger awards, thereby signaling an abandonment of anything but lip-service to CPLR 5501(c). There is no such trend."

By Timothy R. Capowski, Jonathan P. Shaub and Jennifer Graw

16 minute read

September 28, 2020 | New York Law Journal

PJI 2:320 Versus the Court of Appeals' Seminal Decision in 'McDougald v. Garber'

By Timothy R. Capowski and Jonathan P. Shaub

13 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

April 28, 2020 | New York Law Journal

The problem is clear, the consequences are acute, but the solution is simple. The courts must act today to protect New York from the upward spiral of pain and suffering awards by putting an end to improper anchoring before it causes further damage.

By Timothy R. Capowski and Jonathan P. Shaub

14 minute read

September 14, 2018 | New York Law Journal

'Rodriguez' does not represent a tectonic shift in summary judgment practice but is actually the next logical step in the drive towards achieving litigation efficiencies.

By Timothy R. Capowski and Jonathan P. Shaub

9 minute read