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Trial Tips

How to prove no factual basis even with knee surgery

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 […]

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Managing COVID 19

Managing Covid 19. 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 […]

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February 2020 Trial Tips 2- A Cross-examination

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"   https://protect-us.mimecast.com/s/GQXLCBBpPmfPjGohNHFtg?domain=injuredcalltoday.com.  Tim Jones from our office obtained a […]

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Obtaining a defense verdict - February 2020 Trial Tips

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 […]

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Reminding the Jury About Sworn Testimony

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 […]

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2017 Facebook Video Of The Year

2017 Facebook Video Of The Year: Our 2017 award for Best Facebook postings by a plaintiff claiming a back injury goes to Mr. Zafer Khan (519732/16). His Bill of Particulars claims: "Lower back pain aggravated by bending, turning, lifting, sitting for long periods of time, walking long distances, long periods of standing, strenuous activity; Unable […]

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Getting Precluded Medical Records Into Evidence

Obstacles are thrown in your path from all directions at trial. What happens when the plaintiff's attorney refuses to stipulate to the admission into evidence of the plaintiff's own medical records and you cannot obtain a fact witness to authenticate the records, nor can you offer the records under C.P.L.R. 3122(a) because the records cannot […]

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Cross Examination Of The Expert Economist

The Alan Leiken/Debra Dwyer duo of economists provide formidable testimony for plaintiffs on economic damages. Dr. Leiken has testified over 400 times and admits to $500,000 per year in income, consulting and testifying for plaintiffs on personal injury cases. Twice last month we encountered these witnesses on damages trials with the same plaintiffs' law firm. […]

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