0 results for 'Herzfeld Rubin'
NY Judge Rejects Motion to Exclude 'Any Exposure' Approach in Asbestos Case
A Manhattan judge has denied a joint motion by defendants in asbestos litigation to exclude expert-witness testimony that the defendants say is based on a “single fiber” or “any exposure” approach to disease causation that many other jurisdictions around the country reject.Rubin, Trail-Blazing Lawyer and Judge, Dies at 99
Rose Rubin, a retired state Supreme Court judge and former chief judge of New York City's Office of Administrative Trials and Hearings who blazed a trail for women in the legal profession, died Thursday. She was 99.Cite as: Phillips v. The City of NY, 309703/2009, NYLJ 1202773437744, at *1 (Sup., BX, Decided November 10, 2016) CASENAME Chaniqua Cassandra Phillips, Plaintiff(s)
Liability Exposure When Experts Flub
Complex Litigation columnist Michael Hoenig explores questions relating to experts when they make mistakes or are found unreliable, including: If a claim has been thrown out because an expert botched his assignment or because the expert was found unreliable in key areas, does that open the expert to being sued for professional malpractice, negligence or breach of contract? In turn, could permitting such a claim expose the lawyers who retained that expert to direct suit by frustrated clients or to third-party claims by experts who are sued by losing litigants?Cite as: Wright v. Lifecare, 100641/15, NYLJ 1202772263476, at *1 (App. Div., 1st, Decided October 27, 2016) CASE NAME In the Matter of the Application of Dais
Judicial 'Gatekeeping' of Experts Has Impact
Complex Litigation columnist Michael Hoenig brings to light an article examining the results of two sizable studies gauging the relative effectiveness of Daubert motions challenging the reliability of proffered experts. 'Daubert v. Merrell Dow Pharmaceuticals' ushered in a robust era of judicial "gatekeeping" and required that scientific expert testimony had to be "not only relevant but reliable."Practical Tips Regarding Summations
Michael Hoenig, in his Complex Litigation column, offers practical trial tips on summations, the “final opportunity” to convince the jury that his client should prevail. The trial lawyer seeks to communicate with the jury on his own terms, in his own words and by the force of his own personality and ideas, he writes.Practical Tips About Opening Statements
In his Complex Litigation column, Michael Hoenig writes that by the time a plaintiff's opening has been heard, the jury will likely be feeling strongly sympathetic to the injured claimant. In defense's opening, the lawyer is telling the jury that there is another side to the story. It must be delivered in an ordinary conversational tone projecting a feeling of absolute sincerity and belief in the defendant's position.Cite as: Matter of Steinmetz, 2015-01676, NYLJ 1202763164349, at *1 (App. Div. 2d, Decided: July 20, 2016) 2015-01676 Before:
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