Trial Tips

Reminding the Jury About Sworn Testimony

In jury selection, I often discuss minimum expectations with the prospective jurors. I ask them if they know what a witness who takes the stand at trial needs to do before they begin to speak. The jury will chime in they need to take an oath. In conversation, I ask them if they know what […]

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2017 Facebook Video Of The Year

2017 Facebook Video Of The Year: Our 2017 award for Best Facebook postings by a plaintiff claiming a back injury goes to Mr. Zafer Khan (519732/16). His Bill of Particulars claims: "Lower back pain aggravated by bending, turning, lifting, sitting for long periods of time, walking long distances, long periods of standing, strenuous activity; Unable […]

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Getting Precluded Medical Records Into Evidence

Obstacles are thrown in your path from all directions at trial. What happens when the plaintiff's attorney refuses to stipulate to the admission into evidence of the plaintiff's own medical records and you cannot obtain a fact witness to authenticate the records, nor can you offer the records under C.P.L.R. 3122(a) because the records cannot […]

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Cross Examination Of The Expert Economist

The Alan Leiken/Debra Dwyer duo of economists provide formidable testimony for plaintiffs on economic damages. Dr. Leiken has testified over 400 times and admits to $500,000 per year in income, consulting and testifying for plaintiffs on personal injury cases. Twice last month we encountered these witnesses on damages trials with the same plaintiffs' law firm. […]

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Examining The "Made For Litigation" Expert

On a damages trial, the goal of plaintiff's counsel is to maximize damages. Frequently, insurance company managers and claim representatives ask, "How much can plaintiff put up on the board?", meaning what can the plaintiff prove in special damages. The amount a plaintiff can show for past and future medical expenses, past and future lost […]

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Cross Examination of Plaintiff's Medical Consultant

This is a partial transcript of the cross-examination of plaintiff's medical consultant. Dr. Jerry Lubliner is a favorite expert witness for plaintiffs. He is often called as a consultant, with no treatment given to the plaintiff. He is polished, sincere, exceptionally well-spoken, talented and extremely bright. He likes to show he is the smartest guy in […]

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Put the Pieces of the Puzzle Together With These Two Reports

Put the Pieces of the Puzzle Together With These Two Reports by Frank Scahill I have been telling juries for decades that Emergency Room records and the Ambulance Call Report/Prehospital Care Report are the two most important medical records they can use to "put the pieces of the puzzle" in order. The EMS records and […]

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Trial Tips - Cross Examination of a Pain Management Specialist by Frank Scahill

Dr. Leon Reyfman is a pain management specialist, licensed in New York from 2007. His fee for testifying is $6,000 and he has appeared in Court for plaintiffs 12 to 13 times from 2008. His referrals frequently come from Dr. Michael Gerling, an orthopedic spine surgeon who he met at S.U.N.Y Downstate in 2007. His […]

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