Articles Posted in Trials

I tried a case recently which made it clear that the way I did it might be a little out of the ordinary.  Whether that’s a good or bad thing, is up to you. It was a bench trial, so it was just the parties presenting their cases to a…

How can you win your trial? The other day I stopped by a meeting. I didn’t have a lot of time, so I didn’t plan to stay long, but I saw a map on a table.  It had little dashed lines, weird-looking circles, and different shades of green.  Another guy…

How can you prove something exists when it can’t be found?  If you ask an investigator, or a New York Litigator, it may not be as hard as you think. There are always facts to ponder.  The other day I was listening to a podcast with an astrophysicist explaining Dark…

We spent our last entry talking about when a trial court faced with a motion for summary judgement can consider an affidavit from an expert even though the expert was not disclosed until after the Note of Issue and Certificate of Readiness were filed. The answer, more often than not,…

It has been some time since we last spoke about the use of experts to oppose motions for summary judgement in New York. The topic, however, is still relevant. Some continue to believe there is a hard and fast rule, at least in the Appellate Division, Second Department, which forbids…

Have you ever wanted to do absolutely nothing: nothing real, nothing hard, nothing serious, at least not for a little while? Maybe lie down on the beach, read a good book, go play a round of miniature golf with your family and friends? Just be a little silly, just a…

There’s a new term that’s making the rounds, which might make us reconsider whether common wisdom is always wise and might make trial lawyers re-think how they select jurors: pre-crastination. As we’ll see, it means that maybe trial attorneys shouldn’t decide whether someone can be a good juror in spite…

Trial lawyers are problem solvers. That is what they have to do and what their clients expect them to do. The biggest problem they face is how to persuade a jury. After all, the last time a trial went completely as planned was probably the first time one ever did.…

Lying and Insurance Fraud go together. Cheat, steal, get caught, admit it; which one doesn’t belong? Better yet, be honest when you cheat. No, that doesn’t work either. Most every time someone tries to get away with something he shouldn’t, chances are he’s going to lie about it somewhere along…

We’ve spent a decent amount of time discussing how lawyers try to persuade people. That, after all, really is their job: to convince a decision maker, be it a judge, jury, or appellate court, that their client is right and should have won, should live to fight another day, or…