Authored and researched by Tim Capowski with assistance from former colleague(s). A burgeoning litigation backlog, exacerbated by COVID, requires the Bench and Bar to become more efficient in valuing personal injury actions,...
Category: National Appellate Litigation & Consulting Group
September 28, 2020
When a Pattern Jury Instruction Contrary to New York Law Arrogates the Law (September 2020)
Authored and researched by Tim Capowski with assistance from former colleague(s). All too often, perception becomes reality. Awards for pre-impact terror in New York are no exception. While pre-impact terror was historically...
September 21, 2020
When Dicta Runs Amok: Untangling PJI 2:320 (September 2020)
Imagine a common scenario: A wrongful death case where the decedent leaves behind a spouse, two children, and a third adult child from a prior marriage (a blended family dynamic that is hardly unusual in the 21st century)....
August 10, 2020
A Lie is a Lie is a Lie: Toward a Broader Application of the Tailored Testimony Rule (August 2020)
Most litigators have at least a passing familiarity with the so-called “tailored testimony rule.” In the paradigmatic civil litigation example, a party makes a damning admission at his deposition, the admission is...
Authored and researched by Tim Capowski, John F. Watkins, and Kharis Lund with assistance from former colleague(s). The first two parts of this series discussed the role of certain tactics and improper summation techniques...