Timothy Capowski

October 20, 2023 | New York Law Journal

Publicity attacks carry far more weight than mere press conference allegations. This article offers proposals for initial steps toward cleaning up and eliminating the pleading-to-press, ("P2P") trend in litigation.

By Timothy Capowski, Jack Watkins, Sofya Uvaydov and Chris Theobalt

13 minute read

July 30, 2021 | New York Law Journal

The bucket brigade is a theoretical recovery procedure—more accurately described as a "scheme"—by which a plaintiff attempts to circumvent the exclusivity of workers' compensation by indirectly recovering monies from the employer that he cannot recover directly.

By Timothy Capowski and Christopher Theobalt

17 minute read

July 16, 2021 | New York Law Journal

At a time when judicial resources are unduly strained, a perfect starting point for clearing courtroom congestion is recognizing that delayed disclosure of settlement amounts in multi-tortfeasor litigations impedes, rather than encourages, settlement between the parties, and frustrates the legislative intent of the controlling statutes in this area.

By Timothy Capowski and Payne Tatich

22 minute read

March 16, 2021 | New York Law Journal

The Supreme Court's long-standing precedent has never classified private foster care agencies as state actors. In fact, the most analogous Supreme Court holding in 'Rendell-Baker v. Kohn', reached the opposite result.

By Sofya Uvaydov, Timothy Capowski and Jennifer Graw

4 minute read

March 05, 2021 | New York Law Journal

For the last 15 years, the courts in this Circuit have consistently split on a focused question: are private foster care agencies state actors for purpose of 42 U.S.C. §1983 liability? The district courts have the task of reconciling two Second Circuit decisions from the 1970s, finding state actor status, with 40 years of subsequent Supreme Court precedent that dictates the opposite answer.

By Sofya Uvaydov, Timothy Capowski and Jennifer Graw

15 minute read

July 20, 2020 | New York Law Journal

    Ahead to the Past (Part II of III): The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear Verdicts:…

By Timothy Capowski, John Watkins and Jonathan Shaub

22 minute read