New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | January 25, 2019
In their Burden of Proof column David Paul Horowitz and Lukas M. Horowitz write: The judicial system recognizes and addresses attorney bias in jury selection, bias of eyewitnesses when identifying people of other races in criminal trials, and the impact of implicit bias on attorneys and judges. However, one stakeholder in our judicial system does not receive guidance in implicit bias: jurors. Whether they should, or not, is this month's topic.
New York Law Journal | Letter to the Editor
By Oded Oren | January 24, 2019
When judges deny hearings, the officers do not take the stand; they do not testify under oath; they are not subjected to scrutiny by the judge and the litigation process itself. If any misconduct took place, it does not see the light of day.
New York Law Journal | Analysis
By Thomas F. Gleason | January 16, 2019
In his New York Practice column, Thomas F. Gleason writes: The scope of deference to administrative agencies was recently treated by a divided panel of the Appellate Division, Third Department, whose decision in an Article 78 substantial evidence proceeding was reversed by a divided Court of Appeals in 'Matter of Haug v. State University of N.Y. at Potsdam'. The disturbing facts and the review standard make compelling reading—and not just for lawyers.
New York Law Journal | Analysis
By John L.A. Lyddane | January 14, 2019
In his Medical Malpractice Defense column John L.A. Lyddane discusses how to approach the defense of the informed consent claim at trial. He writes: In the proper context, the defense should be able to demonstrate that although the outcome was undesirable, the decision to accept the risk prior to the procedure was a rational one and a reasonably prudent person would not have refused consent.
New York Law Journal | Analysis
By Joseph A. D'Avanzo and Zachary Levy | January 11, 2019
The opinions in 'Juni' present a sea change in the presentation of evidence on the issue of causation in New York asbestos cases. Plaintiffs will need to evaluate their proof on this issue to ensure that it meets the requirements of 'Parker' and 'Cornell'.
By Philip M. Berkowitz | January 9, 2019
In his Employment Issues column, Philip M. Berkowitz writes: What are the risks of misusing confidential supervisory information? A recent matter involving a former Federal Reserve Bank of New York examiner and a Goldman Sachs banker is instructive.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | December 31, 2018
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The protection of the record needed to preserve your right to challenge asserted error at trial consists of much more than bobbing up and down during trial to voice objections, although it is certainly necessary that timely and appropriate objections be made.
New York Law Journal | Analysis
By Steven Balson-Cohen | December 28, 2018
On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.
New York Law Journal | Analysis
By Andrew Lavoott Bluestone | December 27, 2018
Everyone knows, whether from 'Law and Order' or from popular culture in general, that words spoken to an attorney by a client are forever privileged, sacrosanct and private. As is true with many well-known facts, the true contours of the actual fact may not closely conform to the cliché.
By Jason Grant | December 26, 2018
A movement by Jewish heirs to reclaim valuable Nazi-looted art scattered worldwide has grown. And Manhattan's courts, both federal and state, are considered to be among the few places in the world where they can get a fair and sophisticated legal hearing on their claims.
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