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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.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?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."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.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.Practical Tips for Trial Regarding the Defense Case
In his Complex Litigation column, Michael Hoenig writes: Presentation of the defendant's case in the modern products liability trial is the major opportunity to set the record straight and demonstrate to the jury that a perhaps catastrophically injured plaintiff is not entitled to recover. Counsel early on urged jurors to keep an open mind, promising them another side of the story. Now he or she must deliver.For Sullivan & Cromwell and VW, a $14.7B Settlement Counts as a Win
When the foreman of the jury says "Not guilty," that's a defense win. When the judge dismisses a case on summary judgment, that's a defense win. When your client agrees to a $14.7 billion settlement? For Sullivan & Cromwell and Volkswagen AG, yes, that's a defense win too.For Sullivan & Cromwell and VW, a $14.7B Settlement Counts as a Win
When the foreman of the jury says “Not guilty,” that's a defense win. When the judge dismisses a case on summary judgment, that's a defense win. When your client agrees to a $14.7 billion settlement? For Sullivan & Cromwell and Volkswagen AG, yes, that's a defense win too.Judge Censured for Ex Parte Communications with Judge Handling Her Coverage Case Against Her Insurer
A New York judge who twice contacted the judge handling her coverage case against her insurance company – once on the phone and once in writing,…Some Practical Tips on Trial Preparation
In his Complex Litigation column, Michael Hoenig writes that it is often said that what really happens in a trial is the product of intensive preparations beforehand. With that in mind, he poses eight questions to begin assessing your trial readiness.Trending Stories
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