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January 18, 2017 |

On the Move

Blank Rome, Cornell Grace, Akerman and Anderson Kill have added attorneys; Orrick, Fitzpatrick Cella and Pryor Cashman have announced promotions.
11 minute read
January 10, 2017 |

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.
9 minute read
December 13, 2016 |

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.
7 minute read
Phillips v. The City of NY, 309703/2009
Publication Date: 2016-12-01
Practice Area: Evidence
Industry:
Court: Supreme Court, Bronx County, Part 3
Judge: Justice Mitchell J. Danziger
Attorneys:
For plaintiff: Plaintiff appeared by Matthew M. Cordrey of Herzfeld & Rubin, P.C.
For defendant: Defendant, City of New York, appeared by Edwar Estrada of Corporation Counsel. Non-Party, Bronx Lebanon Hospital Center, appeared by Colleen Tarpey of Garfunkel and Wild, P.C.
Case number: 309703/2009

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)

November 14, 2016 |

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?
22 minute read
Matter of Wright v. Jewish Home Lifecare, 100641/15
Publication Date: 2016-11-14
Practice Area:
Industry: Health Care
Court: Appellate Division, First Department
Judge: Before: Tom, J.P., Mazzarelli, Friedman, Kahn, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 100641/15

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

October 14, 2016 |

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."
16 minute read
September 09, 2016 |

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.
21 minute read
August 05, 2016 |

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.
16 minute read
In the Matter of Alan Mark Steinmetz, an attorney and counselor-at-law. (Attorney Registration No. 2153575), 2015-01676
Publication Date: 2016-07-20
Practice Area: Legal Profession
Industry:
Court: Disciplinary Proceeding, Supreme Court, Appellate Division, Second Judicial Department
Judge: Before: Randall T. Eng, P.J., William F. Mastro, Reinaldo E. Rivera, Mark C. Dillon, Jeffrey A. Cohen, JJ.
Attorneys:
For plaintiff: Mitchell T. Borkowsky, Hauppauge, NY (Michael Fuchs of counsel), for petitioner.
For defendant: Herzfeld & Rubin, P.C., New York, NY (Lawton W. Squires of counsel), for respondent.
Case number: 2015-01676

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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