Trials are clashes of ideas and attitudes. Attorneys condense complex theories into characterizations and themes. Jurors consider what witnesses do on the stand in addition to what they say. But the jury’s memory of arguments and testimony can be fleeting. ...Read More »
Whether you are a transactional attorney inserting an indemnification clause into a contract, or a litigation attorney determining whether to sue on an indemnification provision, it is important to understand how New York courts distinguish between intra-party and third-party indemnification ...Read More »
Courts must frequently determine the admissibility of statements contained in hospital records. What happens when an entry in a hospital record contradicts the plaintiff’s account of the accident? For example, will a court admit an entry that states a plaintiff ...
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Two times during my career, I have witnessed opposing counsel issue traditional judicial trial subpoenas in a New York State Supreme Court proceeding outside New York state. The opposing attorneys did not avail themselves of the possible procedural avenues available ...Read More »
You are filing a new lawsuit in federal court, having carefully crafted your client’s complaint, making sure that you have subject matter jurisdiction, and finally locating your CM/ECF login and password. There is one last step to consider – ...Read More »
It has been three-and-a-half years since the publication of our last article on non-recourse litigation loans, which summarized the then-relevant legal and ethical implications of such loans when made to personal injury plaintiffs. At the time of the article’s publication ...Read More »
In the last Advocate’s View article, my colleague Stacey Trien offered her perspective as an experienced Florida litigator who recently began practicing in New York. This article continues Ms. Trien’s theme of highlighting some of the more unusual aspects of ...Read More »