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Trial Tips

Trial Tips - The TMJ Defense

The Temporomandibular joint (TMJ) is the articulation of the mandibular condyle with the glenoid fossa of the temporal bone. We often see claims of TMJ syndrome from blunt force trauma cases to the jaw and face. The plaintiff can be a driver or passenger in the vehicle (often unbelted) with claims of trauma to the […]

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Trial Tips II - Causes of The Rotator Cuff Tear by Frank Scahill

It feels like every case in the office now has a surgical intervention for a Shoulder tear or Knee tear. With the advent of "Surgicenters", Day-op arthroscopic procedures have become the norm, changing the landscape of personal injury cases. What was purely a soft-tissue case with conservative treatment, can now be touted to the jury […]

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Trial Tips - Air Your Client's Dirty Laundry During Jury Selection By Frank Scahill

This month's trial found us back in Nassau County before Judge Thomas Feinman on a case that has been up and back to the Appellate Division, Barrera v. Klinger, 111 A.D.3d 862, 977 N.Y.S.2d 42 (2013), and has dragged on for five years. This is a case that has been defended on the issue of […]

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Trial Tips - Defending on Causation By Frank Scahill

Trial Tips - Defending on Causation By Frank Scahill "Your Honor, we are defending this case on the issue of Causation." This is a phrase that is sure to elicit a groan, eye roll, or some other expression of exasperation from the Trial Assignment Part Judge right before the Judge tells you in no uncertain […]

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Jury Selection - "The Reasonable Person" Strategy

Jury Selection - "The Reasonable Person" Strategy: Selecting a jury on a case with serious injuries or a fatality presents obvious difficulties for a defendant. Unlike jury selection on a case with questionable soft tissue injuries, and perhaps a defense that the injuries do not rise to the level required to recover in New York […]

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Trial Tips - The Biomechanical Expert for the Defense

The New York State Trail Lawyers sponsored a CLE class entitled "How To Attack the 'Junk Science' of the Defense Biomechanical Expert" on October 9th limited to Plaintiff's counsel. The announcement noted: "This program is open only to plaintiffs-only attorneys. All registrants will be asked to sign an affidavit prior to entering the program." The […]

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