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New York County, Surrogate's Court: August 2, 2018
Appellate Division, First Department: May 10, 2018
Appellate DivisionFirst Department
Concurrent Surgery: In Whose Best Interest?
Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.Queens Jury Awards $41.5M to Family of Sanitation Worker Crushed by Machinery
A Queens jury has handed up a record $41.5 million verdict to the family of a New York City sanitation worker who died in 2014 when he was crushed by a street sweeper.Protecting Your Clients From Their Own Social Media
Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write that with little more than the click of a mouse, insurance companies and defense attorneys have a window "inside the home" and into the life of a personal injury plaintiff unlike anything seen before. Whether it is a photograph from a trip or simply the daily minutiae of life, social media postings can be a wealth of information for your adversary.Confronting Difficult Issues in Jury Selection Head On
In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: With discovery and depositions as broad as they currently are, problematic issues in a case should be laid bare before you even walk into the courtroom. It is not the fact that there is a problem but often the trial lawyer's ability to confront and address the problem during jury selection that can make the difference in the outcome of a case.Notice of $600M Claim Filed in Crane Collapse
The widow of a man who on Feb. 5 was killed by a falling crane in the TriBeCa section of Manhattan has filed a notice of claim with the New York City Comptroller stating that she intends to sue the city for $600 million.Victim Seeks to Preserve Evidence in Crane Collapse
The widow of a man killed in a Feb. 5 crane collapse in the TriBeCa section of Manhattan has filed a petition for a court order directing New York City to preserve the crane and to prevent the crane's owner from unilaterally inspecting the crane.Use of Supporting Evidence With the IME Physician at Trial
In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: While the theory behind the need for an independent medical examination makes perfect sense, the reality is that there has been a history of deceit and abuse on both sides of the fence. Some plaintiffs exaggerate injuries, some examining doctors minimize their findings. Regardless of whether one represents the plaintiff or the defendant, it is the responsibility of the trial lawyer to challenge the physician at trial to expose such deception.Trending Stories
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