Legal malpractice trials, which have always been kind of weird, just got weirder. In a case of first impression, the New York Court of Appeals in Grace v. Law recently held that the failure of a plaintiff to appeal an underlying adverse ruling does not bar a subsequent legal malpractice…
A good personal injury trial lawyer is a good story teller. That’s what it takes to win a trial. A trial is really about competing stories. Whichever side tells the best, most compelling, and most believable story, wins. That’s why a good personal injury trial attorney shuns boring power point…
Joan Rivers went in to the clinic for a routine throat examination and came out dead. She died after she was anesthetized and her renowned medical team took souvenir “selfies” of themselves posing with her. Meanwhile, the doctors did not notice her vital signs trailing off. Fifteen minutes went by.…
Last Friday I argued an appeal in the Second Circuit Court of Appeals at 40 Centre Street in Foley Square in downtown Manhattan. I had not done that I quite a while (a decade?). When you are used to arguing appeals in State court, a Federal appeals court is somewhat…
If you haven’t heard about the massive airbag recall, you probably don’t need to worry about it because you are living under a rock. As long as you stay down there, and don’t jump into a car, you’re fine. But for the rest of our readers, we’ve got some news…
I blogged yesterday about who can, and can’t, sue a Hospital for Ebola malpractice in New York. By “Ebola malpractice” I mean a hospital’s failure to timely diagnose and treat the disease, and to take precautions to avoid its spreading. I determined that in New York the patient and the…
Let’s say you just got back from a holiday in Liberia, where, unbeknownst to you, you caught Ebola. You turn yourself into your local hospital with stomach pain and a fever. You even mention that you just got back from Liberia. Let’s say the hospital ER folks – unsuspecting of…
When I started writing this blog a few years ago, I’ll admit I was fishing for new cases. I figured that since the internet was where more and more potential clients were looking for New York injury lawyers, blogging about New York injury cases would bring those surfers to my…
Scenario 1: You’re a passenger in your mother’s car when she crashes and injuries you (her fault). A year later, you’re still not back to your construction job. Should you sue her? But wait, she’s your MOM! Scenario 2: Your best friend’s dog bites and mauls you, leaving you with…
There has been much ado recently about a Nascar incident in my neck of the woods (Ontario County, New York State) in which Tony Stewart struck and killed Kevin Ward Jr. (See video of the incident above). An Ontario County Grand Jury recently declined to indict Steward. The Grand Jury…