(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, […]
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 […]
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 […]
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 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 […]
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 […]
COVID-19 Q&A with FrankScahill:Coverage Counsel has been lighting up the internet with the possibility of coverage for Covid-19 related losses through Business Interruption policies. The news is bleak for most policyholders. The Department of Financial Services published the following queries: "Your business interruption insurance policy should list or describe the types of events it covers. Events […]
The Covid-19 pandemic has taken so many lives, now more than 13,000 in New York. All of us know a friend, family member, or relative who has been affected by this tragedy. We salute our health care workers and first responders on the front lines. We mourn for the lives lost and pray for an […]
The COVID-19 crisis has kept us all out of Court, with no set date to return. At this stage it is hard to imagine a jury trial happening for some time. Having gone from trial to trial for 30 + years this is a PAUSE we could all do without. A Trial lawyer's skills are […]
With the ongoing spread of COVID-19 and the incredible speed at which things are changing around us, we remain committed to the health and safety of our clients and staff. We write today to assure you that Scahill Law Group P.C. will continue to fully service you, our clients. The health and safety of you […]
Dr. David H. Delman is the Chief Executive of DHD MEDICAL, P.C., a medical practice with two locations in Brooklyn and one in Manhattan. We frequently see his reports for plaintiffs on personal injury cases. If you google his name you will find him on a site called "injured-call today" injuredcalltoday.com. Tim Jones from our office obtained a […]
obtaining a defense verdict on the issue of serious injury under the NY threshold law in Kings County is more difficult than it used to be. As Brooklyn demographics have changed, so has the pendulum swung in favor of plaintiffs on verdicts. The younger, more affluent, typically far-left liberal "Hipster" jurors are generally more sympathetic […]
Dealing with difficult judges is part of being a lawyer. Your clients are looking to you to obtain a good result. That means not only knowing the law and the facts and being a good advocate, it also requires you to navigate through the legal system. Dealing effectively with the judge to whom you are […]
Consider this scenario. You own a home in a new development, with well-kept homes and tidy lawns. You chose this neighborhood because there was no crime, it had good schools and pleasant neighbors. You and your spouse work hard, and do all you can for your family, community and your neighbors. Life is good. Then […]
In jury selection, I often discuss minimum expectations with the prospective jurors. I ask them if they know what a witness who takes the stand at trial needs to do before they begin to speak. The jury will chime in they need to take an oath. In conversation, I ask them if they know what […]
How do you cross-examine the plaintiff's expert orthopedic surgeon when you discover the plaintiff has failed to reveal a prior accident and prior lawsuit, involving the same injuries as in your case to her treating physician? Dr. David Neuman charged the plaintiff's counsel $12,000 to testify in a Bronx Case, Ina Allick-Diallo, Maria Davis, and Rahim […]
The case of Bermejo v. New York City Health & Hosps. Corp., 2015 NY Slip Op 08374 (N.Y. App. Div. Nov. 18, 2015) generated a lot of press from the onset. The case was heard in April of 2013 before Judge Hart in Queens County and resulted in a mistrial. Prior to the trial on the […]
Anyone who has defended a recent Traumatic Brain Injury (TBI) case will be familiar with the plaintiff's attempt to use Diffusion Tensor Imaging (DTI) to prove the lifelong effects of a brain injury. DTI is a relatively new technology that is popular for imaging the white matter of the brain. The diffusion tensor was originally […]
