Authored and researched by Tim Capowski and Sofya Uvaydov with assistance from a former colleague. For the last 15 years, the courts in this Circuit have consistently split on a focused question: Are private foster care...
Archives
November 13, 2020
The Punitive ‘Failure To Take Responsibility’ Trope Must Be Entirely Policed Out of Tort Actions for Compensatory Damages (November 2020)
Authored and researched by Tim Capowski with assistance from former colleague(s). Over the past two decades summations[i] in personal injury actions have veered off the rails into something far removed from their proper role...
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,...
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)....