(Trial Tips) We finally have a few trials to write about as the lingering effects of Covid-19 continue to place restrictions on jury trials in New York. Hopefully the year 2022 will allow us all to get back into the Courthouse and try cases on a regular basis. As vaccinations increase and Covid cases decline, […]
Latest from Francis J. Scahill, Esq.
A Decision of Interest a look back
A Court of Appeals decision from March 26th, 2020 on the issue of who is an' employee' in an Unemployment Insurance setting, deserves attention. The question was whether the courier was an independent contractor as opposed to an employee. In this case, the Court held the courier was an employee. This case has implications for […]
Trial Tips-Classic advice from Frank Scahill on cross-examination techniques
Prof. Wigmore argued that "Cross-examination is the greatest legal engine ever invented for the discovery of truth." Jurors set the bar very high for defense attorneys and how they perform during cross-examination. They have watched countless hours of courtroom drama on television and in movies and are looking for some excitement on cross. The "Art […]
In all cases, review the experts' website before cross-examination
REVIEW THE EXPERT’S WEBSITE Another important point on cross-examination of the plaintiff's expert witness is to review the expert's website for the information you can use in cross-examination. In our case, Oscar Torres v. Zhila Rastegamehr, Dr. Lerman first testified that Degenerative Disc disease occurs at the age of 45 or 46, but with a […]
Jury selection has often been called the most important part of the case
Jury selection is often treated as a perfunctory obligation by both plaintiffs and defendants, a boring and tedious task to get through before you have the opportunity to present your case. Jury selection has often been called the most important part of the case, so why is it that most lawyers trying cases want to […]
Trial Tips: A Cross-Examination of an Orthopedic Surgeon
Dr. Sanford Wert is an orthopedic surgeon we also see frequently on our files. Disputing a claim with a knee or shoulder surgery requires a well thought out cross-examination. How do we prove to a jury the plaintiff's claims of a knee injury which required surgery has no factual basis? Review the cross-examination attached by […]
