Publication: Trial Lawyers Section Digest

The Benefits of Joint Sessions at Mediation in ‘The Room Where It Happens’

Introduction Lin-Manuel Miranda’s song, “The Room Where It Happens,” in the musical Hamilton, is an unforgettable showstopper. The legendary tune stars the play’s antagonist, Aaron Burr, who was an American Revolutionary and then aspiring New York politician. When he learns that he was a political outsider to a June of 1790 secret dinner meeting attended by his … Continued

SANMIGUEL v. GRIMALDI, et al.

Plaintiff’s Trial Attorney: Schreier & Wachsman, LLP Plaintiff’s Appellate Attorney: Hasapidis Law Offices On May 23, 2024, the Appellate Division, First Department, changed the law for women in New York. Previously, the law did not recognize a claim for emotional distress for women who delivered babies that were born alive but died due to medical malpractice. … Continued

Message From the Section Chair

“No great achiever – even those who made it seem easy – ever succeeded without hard work.” – Jonathan Sack I am thrilled to share the accomplishments of the Trial Lawyers Section over the past year. Our commitment to supporting and advancing the profession has been unwavering, and our efforts have been met with enthusiasm and … Continued

Mediation: A Wise Choice for the Resolution of Medical Malpractice Cases for Both Plaintiffs and Defendants

One of my favorite expressions tells us, “It doesn’t have to bad to be stressful.” Think wedding, communion, bar mitzvah or any other event commemorating something special. Ultimately, the “big day” is concluded, and the stress dissipates. A deep sigh of relief replaces the butterflies, and normalcy and routine return. The opposite side of the … Continued

Deposition Dynamics: Strategic Insights for Young Litigators

Depositions are a cornerstone of the discovery process and can make or break a case. Here’s a practical four-step guide to help young litigators navigate their next deposition with confidence. 1. Develop a gameplan. Start by identifying the essential testimony required to bolster your case. Thoroughly researching relevant case law is critical. Outline a roadmap that … Continued

Trauma and the Trial Lawyer

Recently, I received a panicked call from a young man on a bridge contemplating suicide. He had been dealing with Post Traumatic Stress Disorder (PTSD) for years and his mental health was not improving. Even now when I think about him relating his intent to end his life, my stomach drops, my scalp tingles, and … Continued

How To Sue a Gun Manufacturer: A Primer on GBL § 898-e

For several decades, the gun industry has been shielded by civil immunity statutes, preventing third-party victims of firearm-related injuries or deaths from seeking justice through lawsuits. The landscape has recently begun to shift, however, with increased public concern over mass shootings and innovative legal challenges by plaintiff attorneys. The enactment of General Business Law (GBL) … Continued