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Big verdicts, analysis of important decisions and trends
By Thomas A. Moore and Matthew Gaier | February 5, 2024
There have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
15 minute read
By ALM Staff | February 1, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Allison Dunn | February 1, 2024
"Defendants acknowledged at oral argument that the record does not tell us whether the alleged hand-soaking occurred before or after the sutures were removed. But if Butts-Franklin had soaked her hand after the sutures were removed, it 'c[ould not] be the basis for a mitigation of damages instruction' because she 'did not act contrary to the advice given,'" Justice Stuart A. Raphael wrote on behalf of the unanimous appellate panel.
6 minute read
By Aleeza Furman | January 29, 2024
"The law is not very fleshed out or very clear, particularly in this unique case," the Killino Firm's Jeffrey Killino said.
4 minute read
By Cedra Mayfield | January 24, 2024
"The court entered the order by mistake after the defendants had filed a notice of appeal of a prior order," said Michael Flint of McClure & Kornheiser in Atlanta.
3 minute read
By Aleeza Furman | January 23, 2024
"The defense is quick to point the accusatory finger of error to other trial participants, while failing to point inward to its own litigation strategy, strategic trial decisions, serious credibility issues, and waiver," Judge Bright wrote.
3 minute read
By Aleeza Furman | January 23, 2024
"In this one, even with the conservative jurisdiction there was just no coming back from the loss of credibility in terms of lying about his credentials," Stampone O'Brien Dilsheimer Holloway partner Kevin O'Brien said.
3 minute read
By Cedra Mayfield | January 19, 2024
"The case has had a long and tortured journey through the appellate courts, but we have won at every turn," said lead plaintiff counsel William S. Stone of Stone Law Group in Atlanta and Blakely.
5 minute read
By Alex Anteau | January 16, 2024
The defense asked the court to declare a mistrial because the plaintiff's counsel told the jury "to award a nuclear verdict." The Court of Appeals disagreed.
5 minute read
By John Lyddane | January 16, 2024
When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.
8 minute read
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