WEBINAR: A $120 Million Dollar Verdict - How did it Happen? Discussed from Start to Finish NYSTLI Dean Anthony Pirrotti, Jr., Esq., will be hosting a Discussion with our managing partner and celebrated Trial Attorney Ben Rubinowitz, Esq.; Trial Judge Paul. I. Marx; and Defense Attorney Alfred Vigorito, Esq. next Monday May 20, 2024 from 5:00 to 7:00 PM ET. Ben and our law firm handled a complex Stroke case involving a 41-year-old individual who was employed, married, and had children. Due to alleged malpractice, he ended up in a nursing home, unable to care for himself or his family. We will discuss the development of this malpractice case, including medical and defense aspects, discovery, depositions, and Motions in Limine. We will emphasize the significance of pleadings and expert responses for both the plaintiff and defendant and how these issues influenced the trial. Topics include jury selection, binding statements and omissions during jury selection and openings, cross-examination of plaintiff and defendant witnesses, dismissal of a third-party defendant, the potential repercussions of aggressively attacking a witness, leveraging the defendant doctor as an expert, and the introduction of newly asserted cross-claims at trial. Additionally, we will explore the understanding of 50-A and 50-B statutes, the concept of “Loss of Chance,” the valuation of loss of consortium claims, directed verdicts against a defendant, and the strategy of defendants pointing fingers at each other. We will also cover the verdict sheet, the role of the economist in establishing financial loss, the influence of read backs, high-low agreements, and the impact of a credible trial lawyer on the jury. Finally, we will discuss summations and their importance in the trial process. For more information and to register visit the NYSLTA website https://lnkd.in/eP-upn4W
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf’s Post
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Early Valuation and Strategy on Case Management When deciding to settle or proceed to trial, it's essential to assess the fair value of a case. Standing firm on fair valuations and being prepared to go to trial when necessary ensures well-informed and defensible decisions in court. Thorough case evaluation is crucial in determining a fair settlement number. Negotiate up to this point, but if the plaintiff disagrees, be ready to proceed to trial. Consistency in this approach helps manage expectations and ensures fair settlements. Consider involving national counsel for cases with significant exposure. Their expertise in managing complex litigation can be invaluable for settlement negotiations or trial preparation. National counsel can play various roles, from offering a second opinion on power of attorney to collaborating with local counsel on defense strategies. Their early involvement provides strategic insights, while even joining later can significantly contribute to the case. Employing diverse strategies tailored to each case, including leveraging national counsel's expertise, is crucial. Continuously evaluating the case's value and standing by settlement decisions are fundamental to a successful defense approach. In summary, careful consideration and a clear strategy are essential in early valuation and settlement decisions. National counsel's involvement can strengthen defense tactics, especially in high-exposure cases. Stand by fair valuations and be prepared to escalate to trial when needed.
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Our team is currently knee deep in Trial Prep: What Is Trial Prep? Trial prep is the collection and organization of the materials an attorney will need leading up to trial. Thorough trial preparation can give a judge and jury a good understanding of the facts that are presented in the case. Trial preparation involves creating a road map for the entire trial. It can include a massive array of tasks designed to find evidence in support of the client’s case, as well as evidence to the contrary of the case. The attorney needs to understand every piece of evidence, be able to call it up instantly, and know precisely how it all fits together. The materials that you’ll need to gather during trial prep include (this is not an exhaustive list): § Evidence, depositions, and requests for admission. § Pre-trial briefs and motions. § Jury instructions to submit to the court at the beginning of the trial. § An opening statement that outlines the case for the jury. § Direct testimony of your own witnesses, including experts. § Witnesses for cross-examination. § Motions for summary judgment or directed verdict. § Cross-examination of opposing counsel’s witnesses. § Motions after testimony to the court. § Closing arguments. § A record for appeal, if necessary. *** Corporations and law firms hire Beyond Paralegals to put systems, processes, and technology in place to help drive client services and improve workflows for better legal and business outcomes. #wearebeyondparalegals
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Here is a tip regarding RFAs. Most attorneys use RFAs in the same manner as RFPs, issuing them at the commencement of the litigation under the theory that, should opposing deny, all attorney's fees proving the vital point will be awarded to your client. In 20+ years of practice, I have only achieved that once personally and have never had it done to me. BUT national trial academies I have attended along with numerous trial advocacy books I have read all direct you to look at RFAs differently, as a deposition and impeachment tool. Here is the summary. If you hold back on issuing the RFAs until after you have deposed the opposing party and the errata sheet period has expired or been addressed, then you issue RFAs directed to points the opposing party has conceded at deposition which are (1) relevant and (2) beneficial to your Client's case. Doing so locks down the opposing party to that testimony because the opposing party's trial testimony, if contradictory, can be impeached by both the deposition transcript and the admission to the particular RFA. Finally, the Judge tends to be more inclined to award attorney's fees as originally intended at that point in the proceedings. Hope this helps you in your practice.
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In this week’s How Appealing, consider Airocar, Inc. v. Goldman, 474 So. 2d 269 (Fla. 4th DCA 1985), on good briefing and making your record. Goldman injured her leg while boarding an Airocar bus and sued for her injuries. During discovery, she sought Airocar’s investigative files. The trial court overruled Airocar’s objection, and Airocar petitioned for certiorari relief. The DCA began its analysis with an aside, taking the parties and trial court gently to task for the way the issue had been briefed and decided. Judge Glickstein explained that, in urging the trial courts to make specific findings of whether material was prepared in anticipation of litigation: “…we were not attempting to be dictatorial. in fact, we had hoped to provide a helpful guide, based on the cases which had the corresponding Federal rule to consider. The parties must recognize that we are asked to review a plethora of discovery orders; and with some acceptable reasonable guidelines, neither the trial court orders nor our review should be ad hoc justice. “We never said it would be easy to determine what is prepared in anticipation of litigation. Were we to take the Chicken Little approach, every piece of paper or photograph or tangible item would not be discoverable because every incident—including every brushed leg—could result in litigation if the client and counsel were so inclined. Accordingly, there must be some common sense division between what is and is not discoverable; and as in every spectrum, the black turns to grey before becoming white.” The court considered deposition testimony showing when Airocar internally considered an investigation to have begun, and affirmed the trial court’s order in part. “We have a record that is void of testimony upon which to conclude, without conjecture by this court, that the driver’s report was made in contemplation of litigation,” the court concluded. “It is not our function to make up a record.”
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🚨14 EARLY BIRD TICKETS LEFT🚨 Come to New York City on November 19 for RevCon 2024, a one-day CLE-accredited masterclass. Discover the strategies we use to boost recoveries for our clients—and learn how you can do the same. We’ve brought together our brightest minds in litigation and operations to break down the practical steps we take to maximize every settlement, from pre-suit to banking fees. This event is designed to be less of a conference and more of a conversation, giving you unfettered access to the experts who built America’s Largest Injury Law Firm. You will learn: - STRATEGY: Creating a Winning Playbook with Jonathan Smith - INTAKE: It Starts with Hello with Angie Flury - PRE-SUIT: Small Tweaks, Big Impact with Kelli Lester - LITIGATION: Negotiating Tactics that Drive Fees with Matt Morgan - ROUNDTABLE: The Law Firm of the Future with Jonathan Smith, Matt Morgan, and Yehuda Apfelbaum (Chief Growth Officer) facilitated by Daniel Morgan Seats are limited to 144 and there are only 14 early bird tickets left! Save your spot here: https://lnkd.in/gSwhW57H
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Proud Believer, Lawtino, Husband and Dad. To God all the Glory. Top 10 San Diego Super Lawyer Overall Every Year Since 2012.
Monday is Opening Day for our trial team. One of our law firm’s core values is: “We Try Cases to Juries.” I built the firm based on trial work and results and that commitment continues stronger than ever today. Covid sure messed things up for a few years. Even last year we still struggled with Covid delays. But this year, it seems, it’s back to the “gold old days” of trying lots of cases. Our trial lawyers are really, really good. And they really, really like trying cases. All that makes for a busy 2024 trial calendar. I expect we will try at least 10 and closer to 20 cases to verdict. Trials create “buzz” and excitement for our lawyers too. We feature a full size mock courtroom and presentation area and our trial teams are required to demonstrate opening statements to the whole firm before they do the real thing in front of jurors. We all pack the courtroom, others join by zoom, and then the trial lawyers get real and substantive feedback. The group energy and excitement are real. In the case set for trial Monday, the defense lawyers have filed a motion to prevent me from discussing it on social media, including here. If that is what they want, that’s no problem with me. I’m respecting their wishes by not discussing any particulars of the case here so please don’t ask me re: the same. I’m just excited that our season starts on Monday. But instead of “play ball” it will be “all rise.” And for us, “game on.”
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Pitts v. Neptune 1st DCA, 3/6/24 1D2022-0960, 2024 WL 956908 Judge Long Topics: Attorney Fees, Bias, Attorney-Client Privilege, Discovery, Expert Witness, Writ of Certiorari Quick Take: The First DCA applied Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc., 228 So. 3d 18 (Fla. 2017), which held that a lawyer’s referral of a client to a treating physician and the financial relationship between a non-party law firm and a plaintiff’s treating physician, is not discoverable. The DCA held that Worley did not bar a trial court from ordering discovery of the total amount of money paid by Plaintiffs attorney to “hybrid treating physician” expert witnesses, treating physicians who planned to testify about medical records of other physicians and who were provided with “litigation binders” to prepare for trial. Essentially, testifying beyond their own treatment of the patient cost them their status as treating physicians and opened the door to financial discovery. Click in the link for the full take ⬇️ https://lnkd.in/esCsVpuB #quicktake #law #court #justice #cases #case #chiefjustice #newtrial
Pitts v. Neptune
frtriallawyers.com
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The importance of a well-organized trial binder cannot be overstated. Ever had to jump into trial prep last minute for a case you've barely touched? Or taken over from a colleague who's left the firm, leaving you to lead with little preparation? These are the moments when a meticulously prepared trial binder becomes a lifeline. A good trial binder offers a clear roadmap, helping you navigate through the complexities of the case efficiently, regardless of how suddenly you've been brought on board. It reduces stress and increases your effectiveness during one of the most critical times in the litigation process. Get our ultimate guide to organizing your trial binder at https://lnkd.in/edf9CmXr.
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Law school often doesn’t prepare attorneys for the challenges of running a successful contingency fee law firm, particularly in managing cash flow, case inventory, and growth strategies. Many firms struggle to balance working tirelessly on PI or malpractice cases and at the same time, taking more traditional paying clients to ensure a steady stream of revenue. Improving case intake processes and investing in experienced partners to take some of the burden away from your day-to-day work is crucial to the health of the law firm. If you are a small firm and take on a large percentage of contingent-fee cases such as personal injury or medical malpractice cases, preTRIALDX can help you organize the facts of the medical record, create a timeline, provide expert medical guidance, and partner with you throughout the entire settlement or pre-litigation phase of your case. Contact us today and we would be glad to talk through our service offerings and how we can help you become more successful.
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3moGair Gair Conason= Excellence, Compassion & Professionalism.