Tim Capowski, Jonathan Shaub, and Jennifer Graw The Bar's Most Common Repeated Mistakes in Applying CPLR 5501(c)
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."
October 19, 2020 at 10:00 AM
16 minute read
A burgeoning litigation backlog, exacerbated by COVID, requires the Bench and Bar to become more efficient in valuing personal injury actions, especially in the realm of non-pecuniary (pain and suffering) damages reviewed under CPLR 5501(c). The first step in this process involves eliminating a number of common misconceptions that have been repeated over and over in damages litigation for the past two decades. Through repetition, these errors have achieved a measure of traction they do not remotely deserve.
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