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August 24, 2015 | New York Law Journal

Demystifying Legal Malpractice

Edward G. Warren and Diane K. Kanca write: The tort of legal malpractice is largely misunderstood. Too often, one attorney will decry another's conduct as being malpractice without understanding what actually constitutes actionable malpractice. Others wrongfully criticize the legal system as favoring attorneys by making the tort nearly impossible to prove. Again, this arises from a complete misunderstanding of what a cause of legal malpractice is, and what it is not.
13 minute read
August 21, 2015 | New York Law Journal

Demystifying Legal Malpractice

Edward G. Warren and Diane K. Kanca write: The tort of legal malpractice is largely misunderstood. Too often, one attorney will decry another's conduct as being malpractice without understanding what actually constitutes actionable malpractice. Others wrongfully criticize the legal system as favoring attorneys by making the tort nearly impossible to prove. Again, this arises from a complete misunderstanding of what a cause of legal malpractice is, and what it is not.
13 minute read
August 10, 2015 | New York Law Journal

Ethnicity-Based 'Economic Loss' Testimony Unconstitutional

In his Complex Litigation column, Michael Hoenig writes: In a bombshell decision issued on July 30, Eastern District Judge Jack B. Weinstein found that use of "ethnicity-based statistics" to obtain a reduced damage award in calculating future economic loss violates due process and equal protection.
11 minute read
July 13, 2015 | New York Law Journal

When Jurors Learn About Settlement Offers

In his Complex Litigation column, Michael Hoenig writes that finding constitutional implications when jurors receive extrinsic prejudicial information within a criminal case context may not be so surprising. Is there also a constitutional dimension, however, when the jury considers extraneous prejudicial information in a civil case? A recent federal appellate decision suggests that the answer is "yes."
13 minute read
May 11, 2015 | New York Law Journal

Ruling on Asbestos Experts a Potential Game Changer

In his Complex Litigation column, Michael Hoenig discusses asbestos litigation and the single-fiber theory, and a bombshell ruling that exposes the tensions between what experts claimed and what New York's legal standards require in order to admit reliable expert testimony.
13 minute read
March 30, 2015 | New York Law Journal

Diversity Initiative Honorees 2015: Defense Association of New York

When Gary Rome took the helm of the nonprofit Defense Association of New York in June 2014, this lack of women and minority defense litigators and firm partners was high on his priority list. "Are we just going to talk about diversity, or are we actually going to train diverse attorneys and teach them what it takes to obtain clients, what it takes to climb the ladder?" he said.
4 minute read
March 29, 2015 | New York Law Journal

Diversity Initiative Honorees 2015: Defense Association of New York

When Gary Rome took the helm of the nonprofit Defense Association of New York in June 2014, this lack of women and minority defense litigators and firm partners was high on his priority list. "Are we just going to talk about diversity, or are we actually going to train diverse attorneys and teach them what it takes to obtain clients, what it takes to climb the ladder?" he said.
4 minute read
March 09, 2015 | New York Law Journal

'Crashworthiness' Rulings

In his Complex Litigation column, Michael Hoenig reviews two recent rulings, one involving the potential interface of the so-called "eggshell plaintiff" rule with a crashworthiness/enhanced injury claim, the other, the reliability deficits in an expert's conclusions about certain crashworthiness features he claimed would have reduced the injuries.
15 minute read
March 02, 2015 | New York Law Journal

Con Ed Is Ruled Liable for Shock to Dog Owner

A lower court properly granted a motion for summary judgment filed by a man who sued Consolidated Edison and the city of New York after he and his dog both suffered electric shocks after stepping in a puddle, an appellate court affirmed on Feb. 25.
2 minute read
March 02, 2015 | New York Law Journal

Con Ed Is Ruled Liable for Shock to Dog Owner

A lower court properly granted a motion for summary judgment filed by a man who sued Consolidated Edison and the city of New York after he and his dog both suffered electric shocks after stepping in a puddle, an appellate court affirmed on Feb. 25.
2 minute read

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