Practice Areas

Locations

About Tim Capowski, Esq.

Tim Capowski is a partner and leader of Kahana Feld's Appellate Strategy & Advocacy Group and is located in our New York office.  Mr. Capowski has spent over twenty-eight years at the forefront of the insurance defense bar.  He is a leader in his field, a pioneer, on many of the largest and nastiest claims in the history of the toughest legal market in the world.  Mr. Capowski brings his hard-won know-how to bear fighting for defendants everywhere against the coordinated strategic attacks of the plaintiffs’ bar, shaping strategies to identify, evaluate, monitor, mitigate and defend defendants’ risk in catastrophic property and casualty matters of every kind.

Mr. Capowski has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York, and around the country.  Tim’s lengthy list of representative matters includes innumerable successful appeals and dispositive motions in a wide variety of areas, including catastrophic personal injury and property damage claims, construction defect, product liability, subrogation, professional liability, premises liability, Labor Law, employment law, mass torts, complex torts, toxic torts, insurance coverage, and general commercial litigation.

Mr. Capowski's findings and articles, which help claims professionals, clients, and defense attorneys make more informed strategic decisions, have been prominently featured in the New York Law Journal and are shared industrywide.  Tim and his group also regularly lecture at client and national seminars, webinars, and podcasts on issues of importance to the industry and Bar.

Education

  • University of New York, Buffalo School of Law (Juris Doctor)
  • State University of New York at Fredonia, (Bachelor of Science)

Admissions

  • New York State Bar
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit

Results

  • Secured summary judgment dismissing punitive damages and negligent hiring claims in a trucking case involving a wrongful death and a traumatic brain injury, which later resolved for a mere fraction of the $120M+ demand.
  • Obtained over $50 million in damages reductions in a New York Labor Law 240(1) action involving traumatic brain injury.
  • Won summary judgment for trucking defendant in 15-fatality, national headline-news-making bus crash case involving approximately two dozen plaintiffs, and even after a defense-side motion for recusal of the motion court on the basis of bias.
  • Obtained reversal of motion court decision and summary judgment in favor of insured $170 milllion subrogation action arising from electric generating plant explosion on basis of contractual limitation on damages.
  • Obtained remittitur on appeal and then later complete dismissal on a mid-trial motion to dismiss of a $20.7 million verdict against insured arising out of skiing accident.
  • Obtained victory in nationally-reported mid-town Manhattan explosion on behalf of contractor; in this mass tort action involving over a hundred property and personal injury claims, following complex motion practice against massive commercial entity represented by three law firms, the grant of a hearing precipitated by our motions resulted in capitulation and discontinuance of the entity’s claims against our client.
  • Obtained victory on appeal and vacatur of $50 million verdict in motor vehicle accident resulting in quadriplegia to 22-year-old, and ordering of new trial on basis of evidentiary error and plaintiff attorney misconduct.
  • Obtained an over $4 million arbitration award following multi-day international commercial arbitration over valuation of stock warrants.
  • Obtained summary judgment dismissal/withdrawal of all claims against client and grant of common law and contractual indemnification against all remaining defendants in high-profile Manhattan East-Side mall premises liability matter arising from a shopping cart thrown over a pedestrian bridge that resulted in a $45+ million verdict against the remaining owner and security defendants.
  • Obtained multiple appellate victories following $30+ million verdict in bus crash litigation and ultimately resulting in complete defense verdict on retrial.
  • Obtained late trial motion dismissal of all punitive and active negligence claims against client general contractor and contractual indemnification for the remainder in historic 11-month trial multiple wrongful death crane collapse litigation ultimately resulting in $95 million verdict against the remaining defendants.
  • Obtained lengthy seminal decision curbing improper IME discovery practices by plaintiffs and resulting in new trial and costs and attorneys’ fees against plaintiffs.
  • Obtained reversal and vacatur of $20+ million verdict and obtained new trial on liability and damages on basis of trial error.
  • Obtained extremely favorable $6 million settlement during pendency of appeal from $68 million judgment in traumatic brain injury case.
  • Obtained subrogation/indemnification recovery of $31 million out of $32 million judgment against recalcitrant third-party defendant in complex recovery action arising out of paraplegia injuries.
  • Obtained reversal of liability judgment against client in sex discrimination case.
  • Obtained reversal of summary judgment against insurer in subrogation action arising from wrongful death construction accident, ultimately resulting in $7+ million recovery by insurer.
  • Obtained vacatur of $12.7 million judgment against client for delay damages in Atlantic City “The Walk” construction project on basis of consequential damages waiver clause.
  • Obtained dismissal of complaint in catastrophic quadriplegia injury product liability action against RV manufacturer.
  • Obtained remittitur of $100 million pain and suffering verdict to $1.8 million for catastrophic anoxic brain injury.

The foregoing is just a small sampling.  For a complete list of successful results of Kahana Feld’s Litigation/Appellate Strategy & Advocacy Group, please see https://www.linkedin.com/in/timothy-capowski-98794a4/ or request a pdf copy directly from tcapowski@kahanafeld.com.

 

Professional Highlights

  • The First Amendment Lawyers Association (FALA) -The First Amendment Lawyers Association (FALA) is a not-for-profit, nation-wide association of hundreds of attorneys devoted to the protection of Free Expression under the First Amendment, who represent businesses and individuals engaged in constitutionally protected activities. Formed in the mid-1960s, FALA’s members practice throughout the United States, Canada, and elsewhere in defense of the First Amendment and free speech and, by doing so, advocate against all forms of governmental censorship. FALA often appears amicus curiae in the Supreme Court and other appellate courts in cases in which First Amendment issues are at stake, and its members have been involved in many of the landmark cases that helped define and strengthen protections for freedom of expression.
  • Irish Legal 100, Irish Voice Newspaper -The Irish Legal 100, founded in 2008, is an annual compilation of the most distinguished legal professionals in the United States who share a common bond: pride in their Irish heritage. The list includes attorneys, legal scholars and members of the judiciary from all over the country who have distinguished themselves in their fields of endeavor.
  • Selected for inclusion in New York Metro Super Lawyers, Appellate (2019-Present)
  • AV Preeminent Rating by Martindale-Hubbell (2019-Present)
  • AIG Top 10 Lawyers, 2012 – Recognized as a Top Ten Lawyer for 2012 by American International Group (AIG), one of the nation’s largest insurance and financial organizations.

 

ARTICLES

Debunking The Myth Of Differing Bifurcation Rules Among The Departments, Christopher Theobalt & Timothy Capowski, NYLJ (3.31.23).

Hoylman, Half-Truths And The Grieving Families Act, John (Jack) Watkins & Timothy Capowski, NYLJ (12.29.22).

The Snake Attack Phenomenon: The Courts Must Stop Overlooking And Facilitating The Continued Poisoning Of Our Jury System, Timothy Capowski, John (Jack) Watkins, Sofya Uvaydov, NYLJ (3.4. 22).

The Mythical ‘Bucket Brigade’ Recovery Scheme, Timothy Capowski & Christopher Theobalt, NYLJ (7.30.21)

Inefficiency in the Courthouse: The Nonsense in Withholding Settlement Amounts from Non-Settling Tortfeasors, Timothy Capowski & Payne Tatich, NYLJ (7.16.2021)

The Riddle of State Actor Status for Private Foster Care Agencies, Timothy Capowski, Sofya Uvaydov & Jen Graw, NYLJ (3. 5.2021)

The Punitive ‘Failure To Take Responsibility’ Trope Must Be Entirely Policed Out of Tort Actions for Compensatory Damages, Timothy Capowski, Jon Shaub, Jen Graw & Joe Beglane, NYLJ (11.13.2020)

The Bar’s Most Common Repeated Mistakes in Applying CPLR 5501(c), Timothy Capowski, Jon Shaub & Jen Graw, NYLJ (10.19.2020)

When a Pattern Jury Instruction Contrary to New York Law Arrogates the Law, Timothy Capowski & Jon Shaub, NYLJ (9.28.2020)

When Dicta Runs Amok: Untangling PJI 2:230, Timothy Capowski & Sofya Uvaydov (9.21.2020)

A Lie is a Lie is a Lie: Toward a Broader Application of the Tailored Testimony Rule, Timothy Capowski & Jack Watkins, NYLJ (8.10.2020)

Ahead to the Past (Part III of III): The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear Verdicts, Timothy Capowski, Jack Watkins & Jon Shaub, NYLJ (7.27.2020)

Ahead to the Past (Part II of III): The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear Verdicts: Currently Existing Tools for the New York Bench and Bar To Repair the Broken System for Determining Just Compensation, Timothy Capowski, Jack Watkins & Jon Shaub, NYLJ (7.20.2020)

Ahead to the Past: The Evolution of New Rules of Engagement in the Age of Social Inflation and Nuclear Verdicts, Timothy Capowski, Jack Watkins & Jon Shaub, NYLJ (7.13.2020)

Improper Summation Anchoring is Turning the New York Court System on its Head and Contributing to the Demise of New York State, Timothy Capowski & Jon Shaub, NYLJ (4.28.2020)

Time to Repair the Split in Application of Labor Law 200, Timothy Capowski & Jack Watkins, NYLJ (9.4.19)

CPLR 5501(c) Review of Excessive Future Medical Expenses Awards, Timothy Capowski & Jack Watkins, NYLJ (7.12.19)

CPLR 5501(c) Review in the Age of Summation ‘Anchoring’ Abuse, Timothy Capowski & Jack Watkins, NYLJ (6.26.2019)

What Really Happened in ‘Carlos Rodriguez v. City of New York’, Timothy Capowski & Jon Shaub, NYLJ (9.14.18)

There Is No Battle Over Surreptitious Taping of IMEs, Timothy Capowski & Tiffany Miao, NYLJ (6.14.2014)

Examination of Plaintiffs by Vocational Rehablitation Experts, Timothy Capowski & Ken Mauro, NYLJ (2.18.1998)

New York Medical Malpractice (Bard & Gaier, West 1998), contributor and editor of several chapters in multi-volume compendium, including “Res Ipsa Loquitur” and others