Trial Tips

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 life for a trial lawyer. …

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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 face from striking the steering …

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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 as a “SURGERY”, requiring a …

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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 damages for years, yet the …

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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 terms that you are in …

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