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. ...

Tagged with: Advocate's View Jeremy M. Sher

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 ...

Tagged with: Advocate's View Stacey E. Trien

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 ...

Tagged with: Advocate's View

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 ...

Tagged with: Advocate's View Laurie A. Giordano subpoena

You would think that a judgment always comes from a judge, and in most cases they do. But the CPLR gives plaintiffs several ways to obtain a money judgment directly from the county clerk.  These CPLR provisions bypass the judge ...

Tagged with: Advocate's View Jeremy Sher

Prosecutor: “And what did you say to the 15-year-old girl after the competition?” Defendant (in a sexual molestation case): “I said, ‘You are a [expletive].’” Prosecutor: “What else did you say to the young girl?” Defendant: “I said, ‘You deserve ...

Tagged with: Advocate's View

  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 – ...

Tagged with: Advocate's View Stacey E. Trien

A notice of pendency is a powerful device used in real property litigation. By filing a notice of pendency, a litigant constructively notifies potential purchasers of a claim on the subject property. The filing clouds the title of the property. ...

Tagged with: Advocate's View

I recently learned of a new television series starting in the fall called “Bull.” According to the description on the CBS website, “Bull stars Michael Weatherly as Dr. Jason Bull in a drama inspired by the early career of Dr. ...

Tagged with: Advocate's View Julie Campinini

A campaign to “ban the box” – seeking to prohibit employers from including a “checkbox” asking about criminal records on hiring applications – is currently making national news headlines. There are existing laws that employers should be aware of with ...

Tagged with: Advocate's View

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 ...

Tagged with: Advocate's View Laurie A. Giordano

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 ...

Tagged with: Advocate's View Jeremy M. Sher