December 06, 2022 | New York Law Journal
Specific Performance's 'Land Is Unique' Mantra: A Cornerstone of Real Property Law or Outdated Precedent?This authors open the debate of whether specific performance, monetary damages, or a combination of the two is the "best" remedy for a contractual dispute involving real property.
By Russell Yankwitt, Connor Hilbie, David Steinmetz and Jody Cross
8 minute read
October 24, 2022 | New York Law Journal
The Case Against Settling Early: The Substantial Upside to Taking Cases to TrialThis article provides an examination of why corporate clients settle early and a discussion of the important benefits of not settling. The article concludes with a look at the "hybrid approach" of binding arbitration for large-value cases, which can combine "the reputational benefit of fighting with the cost certainty and confidentiality of settling."
By Russell Yankwitt and Dina Hamerman
8 minute read
June 21, 2022 | New York Law Journal
All Bark but Rarely a Bite: A Recent Survey of the Often Empty Threat of Punitive Damages in Westchester CountyThe authors of this article analyzed cases decided over the past five years in the state and federal courts sitting in Westchester County to assess how often and under what circumstances punitive damages have been awarded.
By Russell Yankwitt and Connor Hilbie
6 minute read
April 20, 2022 | New York Law Journal
Defendants Face Demanding Disclosure Requirements Under the Comprehensive Insurance Disclosure ActA discussion of the new CIDA, signed into law on Dec. 31, 2021, by Governor Hochul, which overhauls CPLR 3101(f) and places significant burdens on defendants to proactively provide to plaintiffs certain insurance information and documentation. While the CIDA as amended is more palatable to defendants, it still marks a significant change in insurance disclosures that defendants in New York state actions are required to make.
By Russell Yankwitt and Scott Wenzel
6 minute read
March 14, 2022 | New York Law Journal
Westchester Supreme Court Implements Revised DCM ProtocolsThe protocol has been fine-tuned over the years, but the revisions implemented on Dec. 6, 2021, will have a substantial impact on litigation in Westchester Supreme.
By Russell Yankwitt and Ross Keiser
6 minute read
September 16, 2021 | New York Law Journal
Drafting Contingency Fee Agreements for Non-Monetary VictoriesThis article proposes language to include in retainer agreements to enable the monetization of non-monetary victories and compensate attorneys for all their work on behalf of their contingency clients.
By Russell Yankwitt and Anxhela Mile
7 minute read
July 23, 2021 | New York Law Journal
Matrimonial and Tort Law: A Collaboration To Compensate the Victim?Can clients seek compensation for domestic violence from their spouses in a parallel tort action as opposed to addressing these issues exclusively in divorce proceedings … or is that a double dip?
By Lisa Zeiderman and Russell Yankwitt
8 minute read
January 14, 2020 | New York Law Journal
Tweaking the Bar on Interlocutory Appeals: Benefits to Clients and the Federal District Courts of an Appeal as of Right From the Denial of a Motion To DismissWith the ever-increasing costs of litigation, expanding interlocutory appeals in the federal courts is highly desirable.
By Russell Yankwitt and Dina Hamerman
6 minute read
October 03, 2019 | New York Law Journal
Controlling Litigation Costs: Automatic Trial Stays Pending Appeal of a Summary Judgment DenialTo alleviate the strain on both parties and overburdened trial courts, we propose amending the CPLR to encourage discretionary stays of the underlying trial while an appeal of a dispositive summary judgment motion is pending.
By Russell Yankwitt and Dina Hamerman
7 minute read
August 15, 2019 | New York Law Journal
Balancing Litigation Costs: The Need for Automatic Discovery StaysTo combat the tension between litigation and skyrocketing litigation costs, the authors propose amending the Federal Rules of Civil Procedure to comport with the position taken by many state courts, including New York, to stay all discovery upon the filing of a dispositive motion to dismiss a complaint.
By Russell Yankwitt and Dina Hamerman
6 minute read
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