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Trial Tips

Examining The "Made For Litigation" Expert

On a damages trial, the goal of plaintiff's counsel is to maximize damages. Frequently, insurance company managers and claim representatives ask, "How much can plaintiff put up on the board?", meaning what can the plaintiff prove in special damages. The amount a plaintiff can show for past and future medical expenses, past and future lost […]

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Cross Examination of Plaintiff's Medical Consultant

This is a partial transcript of the cross-examination of plaintiff's medical consultant. Dr. Jerry Lubliner is a favorite expert witness for plaintiffs. He is often called as a consultant, with no treatment given to the plaintiff. He is polished, sincere, exceptionally well-spoken, talented and extremely bright. He likes to show he is the smartest guy in […]

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Put the Pieces of the Puzzle Together With These Two Reports

Put the Pieces of the Puzzle Together With These Two Reports by Frank Scahill I have been telling juries for decades that Emergency Room records and the Ambulance Call Report/Prehospital Care Report are the two most important medical records they can use to "put the pieces of the puzzle" in order. The EMS records and […]

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Trial Tips - Cross Examination of a Pain Management Specialist by Frank Scahill

Dr. Leon Reyfman is a pain management specialist, licensed in New York from 2007. His fee for testifying is $6,000 and he has appeared in Court for plaintiffs 12 to 13 times from 2008. His referrals frequently come from Dr. Michael Gerling, an orthopedic spine surgeon who he met at S.U.N.Y Downstate in 2007. His […]

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Trial Tips: Cross Examination of the Smartest Person In The Room

Dr. Paul Ivancic is an Associate Research Scientist in Orthopedics and Rehabilitation at Yale. He has five Master's Degrees including a Master of Science Degree in Bioengineering; a Master's Degree in computer science; and a Master's Degree in mathematics from the University of Pennsylvania. He has two additional Master's Degrees from Yale in Philosophy and […]

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Trial Tips: "Jesus Christ. Give Me a Straight Answer."

I imagine every trial lawyer wanted to say that to an expert witness on cross examination at some stage in every trial. What happens when the Judge says that to your expert witness in front of a jury? This was our experience last month in Kings County before Judge Francois Rivera in SETH PARISER v. […]

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Cross-Examination of Plaintiff's Economist By Frank Scahill

Dr. Jeffrey Seidenberg is a Plaintiff's economist with a Ph.D. from Columbia University. When he, or any economist, takes the stand to testify for the Plaintiff, defense counsel needs a plan to cross-examine the witness. Unless his calculations have no basis in facts, e.g., they do not correlate to the published tables by the U.S. […]

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Cross-Examination of the Vocational Rehabilitation Expert By Frank Scahill

Dr. Lynn Mizzy Jonas is a plaintiff's Vocational Rehabilitation Expert with impressive credentials. Normally the defense calls a Vocational Rehabilitation Expert as a witness to counter the Plaintiff's claims of inability to obtain gainful employment. In a case where the Plaintiff claims total disability, the Plaintiff may call an expert to the stand to counter […]

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