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Tisdell v. Metropolitan Transportation Authority, 776/09
Publication Date: 2016-05-16
Practice Area: Criminal Practice
Industry: Transportation
Court: Appellate Division, Second Department
Judge: Before: Mastro, J.P., Leventhal, Sgroi, Miller, JJ.
Attorneys:
For plaintiff: For respondents: Miriam Skolnik, Howard Edinburgh, and Sharyn Rootenberg of counsel, Herzfeld & Rubin, P.C., New York, NY.
For defendant: For appellants: Paul A. Krez of counsel, Krez & Flores, LLP, New York, NY.
Case number: 776/09

Cite as: Tisdell v. MTA, 776/09, NYLJ 1202757593586, at *1 (App. Div., 2nd, Decided March 11, 2016)CASE NAMEMichael Tisdell, etc., et al., Respondents v. Metro

May 13, 2016 | New York Law Journal

MTA, LIRR Found Not Liable for Death of Cadet

A West Point cadet's decision to duck under or sidestep pedestrian warning gates just before he was killed by a speeding Long Island commuter train was the kind of "reckless and extraordinary conduct" that relieves the transit operators of liability, an appeals court has ruled.
8 minute read
Barone v. US, 12-cv-4103
Publication Date: 2016-05-11
Practice Area: Civil Rights
Industry:
Court: U.S. District Court, Southern District
Judge: District Judge Lewis Kaplan
Attorneys:
For plaintiff: Attorneys for Plaintiff: Mark A. Weissman, Lawton W. Squires, Herzfeld & Rubin, P.C.
For defendant: Rebecca S. Tinio, Assistant United States Attorney, Preet Bharara, United States Attorney
Case number: 12-cv-4103

Cite as: Barone v. US, 12-cv-4103, NYLJ 1202757120795, at *1 (SDNY, Decided May 5, 2016) CASE NAME Joseph S. Barone, Plaintiff v. United States of America, et

May 09, 2016 | New York Law Journal

Informant's Claims Proceed Against U.S., FBI Agents

An FBI cooperating witness who claims federal agents had him arrested on a bogus murder-for-hire charge and "engineered" his placement in solitary confinement for 15 months can proceed with his suit against the agents and the United States.
4 minute read
May 09, 2016 | New York Law Journal

When Experts 'Cherry-Pick' Among Competing Studies

In his Complex Litigation column, Michael Hoenig discusses a recent First Circuit decision that tees up some critical tensions in toxic tort experts' methodologies. For example, experts can and do rely upon scientific and technical literature. But what if the articles relied upon are themselves partially or wholly unreliable? Or what if there is inconsistent technical literature? Does "cherry-picking" favorable articles sufficiently create a jury question, or does the problem of conflicting literature go to the heart of the threshold "reliability" question inherent in Daubert admissibility criteria?
11 minute read
April 14, 2016 | New York Law Journal

Be Vigilant When It Comes to Deposition Corrections

In his Complex Litigation column, Michael Hoenig writes: At first blush, many litigators on both sides possibly view the practice of offering corrections to deposition transcripts as a kind of vanilla ministerial function. A passive, uninterested approach to the other side's proffer of deposition errata sheets, however, is not only neglectful, it is unwise. When errata sheets are ruled to be failures, what's left is the sworn "uncorrected" testimony, which can prove fatal to a litigant's case.
26 minute read
April 07, 2016 | New York Law Journal

Judges Find No Duty to Abate Lead in Grandmother's Unit

Although a child spent about 50 hours a week in her grandmother's Bronx apartment during the first year of her life, she did not "reside" in the unit for purposes of New York City's lead paint abatement law, the state Court of Appeals decided.
11 minute read
March 15, 2016 | New York Law Journal

Experts Flunk Reliability Test in BMW Case

In his Complex Litigation column, Michael Hoenig reports on a New York Court of Appeals decision in a case claiming that a youngster's mental and physical disabilities were caused by in utero exposure to unleaded gasoline vapor attributable to a defective gas hose in the pregnant mother's BMW.
10 minute read
March 11, 2016 | New Jersey Law Journal

New Partners Yearbook 2016

The Law Journal's annual yearbook on new partners, including lateral hires, in New Jersey.
115 minute read
WANDA VIA, plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap, CITY OF NEW YORK, def
Publication Date: 2016-03-04
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Mazzarelli, J.P., Sweeny, Manzanet-Daniels, Gische, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 411

411. WANDA VIA, plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap, CITY OF NEW YORK, def — Herzfeld & Rubin, P.C., New York (Sharyn Rootenberg of counsel), for ap — Law Offi

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