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Trial Tips

Cross-Examination of the Plaintiff's Worker's Compensation Expert By Frank Scahill

In the case of Jose Rivera v. Lloyd Lampell (Index No:16240/13), the Plaintiff videotaped the testimony of an orthopedic surgeon, Dr. Paul Kleinman, which was shown to the jury at trial. Ordinarily you would think the testimony of an independent Doctor who determines the Plaintiff is totally disabled from all activities is beneficial to the […]

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Cross-Examination of the Consulting Orthopedist By Frank Scahill

This month's trial found us back in Queens County with a challenging case, Jose Rivera v. Lloyd Lampell (Index No:16240/13). Summary Judgment was granted to the Plaintiff on this automobile accident case and the trial was limited to the question of damages. The accident totaled both vehicles with EMS, Police and Fire Units responding to […]

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What You Need to Know About "MIST Expert" Dr. Michael Freeman

Dr. Michael Freeman lectures across the county for the plaintiff's bar on Minor Impact Soft Tissue (MIST) cases. He has a YouTube video on "Defeating the MIST Defense" - watch here. A 2015 event for the Oregon Trial lawyers gave this curriculum: The junk science beginnings of the MIST defense - Research that debunks the […]

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Trial Tips - The Containment Defense

"Containment" is a defense strategy employed to limit verdict potential on a serious injury case with full or poor liability. A containment strategy is a multi-pronged approach to limit damages awarded where the plaintiff has the potential for a large verdict award. When used effectively, a containment strategy can limit damages to an acceptable level […]

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Jury Selection By Frank Scahill

2015 is in the rear view mirror and the New Year found us back in Kings County on the first day, in a jury room speaking to another panel of prospective jurors. The group at this time of the year is mostly college students who deferred their service to the winter break. The new year […]

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Trial Tips III - How Far Can You Go In Your Summation? By Frank Scahill

Trial Counsel are afforded wide latitude in presenting arguments to a jury in summation. (see Califano v. City of New York, 212 A.D.2d 146, 154, 627 N.Y.S.2d 1008 [1st Dept.1995] ). During summation, an attorney ...

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Trial Tips II - Effectively Attacking a Plaintiff's Veracity By Frank Scahill

Timothy Jones from our office was on trial for the last month before Judge Tuitt in the Bronx on a case involving the plaintiff’s expert, Dr. Jean Francois, a Pain Management Physician...

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Trial Tips - The Difficult Judge by Frank Scahill

"A trial justice plays a vital role in clarifying confusing testimony and facilitating the orderly and expeditious progress of the trial," but that "power is one that should be exercised sparingly." Porcelli v. N. Westchester Hosp. Ctr., 110 A.D.3d 703, 706, 977 N.Y.S.2d 32, 35 (2013). Dealing with difficult Judges is a basic element of […]

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