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August 20, 2024 | New York Law Journal

Expert Cross-Examination: Creating Maximum Mileage From an Expert's Mistakes

"Effectively cross-examining an expert witness requires more than just identifying errors," write Ben B. Rubinowitz and Evan Torgan.
8 minute read
December 04, 2023 | New York Law Journal

$120M Medical Malpractice Verdict Said To Be Westchester's Largest

Rubinowitz represented a client who suffered irreversible brain damage as a result of what he said was a hospital's delay in diagnosing a basilar artery stroke.
3 minute read
October 05, 2023 | New York Law Journal

Using Professional Ethics to Discredit Opposing Expert Witness Testimony

All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.
10 minute read
June 15, 2023 | New York Law Journal

Trial Lawyers 'Master Series' CLE Webinar Panel Boasts 200-Plus Years' Experience

NYSTLA President Thomas P. Valet said the event was "an unprecedented coming together" of legal talent.
2 minute read
March 08, 2023 | New York Law Journal

As 'Nuclear' Verdicts Rise in New York, Report Says More 'Thermonuclear' Awards Are on Horizon

Reasons that make New York a likely target include its scaffold law, which accounts for nearly half of all nuclear verdicts, the report said.
6 minute read
Law Journal Press | Digital Book Florida Construction Defect Litigation 2025 Authors: Gary L. Brown View this Book

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January 20, 2022 | New York Law Journal

New 'Speaking Agents' Law Overrides New York's Prohibition On Employees' Out-of-Court Statements

New York State Trial Lawyers Association leaders say the changes allow juries to hear statements based on their relevance to the matter at hand, not how high declarants rank them on the corporate ladder.
5 minute read
November 22, 2021 | New York Law Journal

First Department Appeals Court Halves Jury's $60M Pain-and-Suffering Award—But It's Still a Record

A state appeals court has awarded $29 million—the largest pain-and-suffering damages amount approved by an appellate court in state history—to a former Manhattan public high school student burned over much of his body during a class experiment gone wrong, though the court did cut the jury verdict of $60 million roughly in half.
5 minute read
October 22, 2021 | New York Law Journal

The Ethics of Trial Practice

In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore issues which may arise during client intake and witness preparation, as well as the duty to correct potentially false testimony.
17 minute read
June 18, 2021 | New York Law Journal

Strategic Jury Selection

In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore effective lines of questioning for voir dire. If conducted properly, not only will the information gleaned during voir dire inform a lawyer's decision of whether or not to challenge that juror, but additionally, it will offer valuable information that can be used effectively to emphasize points during the course of trial.
11 minute read
May 07, 2021 | New York Law Journal

Trust and Reliance: A Powerful Theme for Cross

The trust and reliance that we place in those who make crucial decisions about our health and safety often goes unchallenged until something goes wrong. But when something bad does happen, the concepts of trust and reliance can form the basis for the successful prosecution or defense of a claim. In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore proper trial techniques that can be used to develop and explore the adequacy or inadequacy of those major decisions.
15 minute read

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