Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Trial Advocacy

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BR.jpgIn their Trial Advocacy column, New York Personal Injury Lawyers Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and Evan Torgan of Torgan & Cooper write: The rhetorical question is an effective and persuasive tool for summation. It is subtle in its delivery and potent upon its receipt. When used properly, it can persuade a jury without the insult of a more heavy-handed approach. A seasoned and accomplished trial attorney has to ask, what could be better?

Following is the article

The art of persuasion comes in many forms. It is the manner in which the trial lawyer chooses to present certain facts that will serve as the driving force behind a successful outcome. Since every aspect of the trial should be conducted with an eye toward summation-toward creating the most powerful argument that can be advanced-the trial lawyer must be acutely aware of how each part of the trial will affect the summation.
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r_steigman_small.jpg By Richard M. Steigman;

Launched in 1965, Medicaid provides joint federal and state funding of medical care for individuals who cannot afford to pay their own medical costs. Although the Federal Government pays the majority of the costs incurred for patient care, under Federal Law, the states are tasked with administering the program.

One of the states’ obligations under Medicaid law is to seek reimbursement for payments for medical expenses from responsible third parties to the extent of such legal liability (42 U.S.C. § 1396[a][25][B]). To fulfill that mandate, New York enacted Social Services Law § 104-b, which gives the State Medicaid official the right to enforce a lien “for such amount as may be fixed by the public welfare officer not exceeding, however, the total amount of such assistance and care furnished by [Medicaid] on or after the date when such injuries occurred.”

This statute, like the ones enacted in other states, was interpreted as to allow Medicaid to assert a lien on a recovery up to the amount, regardless of the amount of the recovery which is properly allocable to Medicaid (see, e.g., Baker v. Sterling, 39 N.Y.2d 397, 384 N.Y.S.2d 128 [1976]). Put another way, under the interpretation used by Medicaid and backed by the Courts, if Medicaid had expended $200,000 for a plaintiff who suffers horrific personal injuries (and whose pain and suffering and loss of earnings claims would fairly be worth millions of dollars), but ultimately must settle a case for $250,000 due either to inadequate insurance, then Medicaid, in it is discretion, could assert a lien against the recovery up to the total amount of its expenditures. This is true irrespective of the fact that, had a finder of fact allocated the settlement among the different elements of damages, the amount properly allocable to Medicaid would, in fact, amount to a small fraction of its claimed lien.
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br.jpgIn their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper, write about the importance of cross-examining experts on collateral matters.

When dealing with the expert witness, exposing bias is not only an essential part of cross, but one that becomes imperative if counsel is to turn the jury against the so-called “expert.” This article offers an informative approach and “how to guide” to cross examine the expert by using the “collateral attack.” The examples used in this article are taken from a recent case that Rubinowitz tried in which he secured a $7.25 million verdict for his client who suffered knee injuries.

For more than 10 years Ben Rubinowitz and Evan Torgan have been recognized by the New York Law Journal as experts in their field. To date, they have written more than 60 articles on various aspects of trial advocacy.

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br.jpgIn their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper, write: Just as defendants use surreptitious video-recording in an attempt to capture images of unsuspecting plaintiffs engaging in activities which they claim their injuries restrict, in fairness, plaintiffs should be afforded the same opportunity when it comes to challenging the weight of the opinions offered by defendants’ examining doctors at trial.

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Our partner Anthony Gair was invited by the New York State Bar Association to speak at their seminar LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE in New York City on October 24th.

This is a video from his presentation. If you would like to see the complete program (with different speakers) a live webcast option will be available on Friday November 1st 2013 for the Albany Program. Click here for more info.

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Jeffrey%20Bloom.jpgOur partner, Jeffrey Bloom, will be speaking tomorrow at the “Mt. Sinai Update 2013: Breast Imaging” program. This program is designed to cover clinical aspects of breast imaging including digital mammography, breast ultrasound, breast MRI, and interventional procedures, as well as medicolegal issues. The faculty consists of twelve nationally and internationally recognized experts. Jeffrey Bloom will be speaking on the subject of Breast Imaging Malpractice and provide a Plaintiff’ Attorney’s Perspective. The complete Agenda can be found here.

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nycbarlogo.jpgOur managing partner, Ben Rubinowitz will be a speaker at the New York City Bar Program“Anatomy of a Trial: Tips and Strategy to win your Case“ on Thursday November 14th from 6:00pm to 9:00 pm . The program is co-chaired by United States Magistrate Judge, SDNY Honorable, Sarah Netburn and New York Trial Attorney Philip R. Schatz, founding partner at Wrobel Schatz & Fox LLP

Taught by leading trial advocates and experienced judges, this event will provide you with the basics of a federal trial, from voir dire to verdict, and share their “how-to” tips and tricks for victory in the courtroom. You’ll learn:

  • How To Create Successful Opening And Closing Arguments
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BR.jpg Gair Gair Steigman Mackauf Bloom and Rubinowitz is proud to announce that Partner Ben Rubinowitz is Chairing the New York State Bar Association’s BASICS OF CIVIL TRIAL program on Tuesday, November 19, 2013 New York City at the Hotel Pennsylvania, 401 Seventh Avenue (at 33rd St.), New York, NY 10001 | (212) 736-5000.

This program will cover all aspects of a trial from jury selection through summation. The faculty includes some of the most successful attorneys in their field as well as a seasoned trial Judge who has presided over one of the busiest trial parts in the Country. ” I expect this program to be one of the finest CLE courses ever” said Rubinowitz who explained ” Not only will the program provide useful tips to help you win your case but it will give you the opportunity to see actual Trial Demonstrations conducted by superb Trial lawyers.” This one day program will focus on basic through advanced trial techniques including methods for dealing with Expert Witnesses and advanced techniques in cross examination.

The Faculty includes:

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New York Personal Injury Lawyers are invited to attend the The Flagship Program of the New York State Trial Lawyers Association “DECISIONS” that gets underway this coming Friday and Saturday, September 27 & 28th.

Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz is pleased to announce that two of their partners, Ben Rubinowitz and Richard Steigman, will be lecturing on Trial Practice in many of the venues where the program is being held. ” Not only will we be speaking about recent developments in the law but we intend to give concrete examples of methods for successfully dealing with these new issues” said Rubinowitz. “All attorneys need to continually update their knowledge in the field or they run the risk of putting their clients at a severe disadvantage while trying cases. I recommend that all practicing attorneys attend this program — I can assure you, it will be well worth your time.” Both Rubinowitz and Steigman have had numerous multi-million dollar verdicts and settlements throughout their careers and have been recognized as Experts in the field by the New York Law Journal and Continuing Legal Education Programs throughout the State.

To attend Live or Order CDs go to New York State Trial Lawyers Association website.

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This Fall, Justice Douglas McKeon, the Administrative Judge of Bronx County, is heading up the Moore Advocates lecture series at Fordham Law School. This program features some of the finest and most successful trial lawyers in New York State lecturing about their field and demonstrating Trial Techniques to students and alumni of Fordham Law School. In addition to those who attended Fordham Law, the program is open to all practicing attorneys in New York. On September 12th Ben Rubinowitz and Evan Torgan joined Justice McKeon in speaking about Direct and Cross Examination. “Not only does Judge McKeon run one of the busiest Courts in the country but he still manages to find time to share his expertise with students and lawyers” said Rubinowitz. “I am delighted to have been asked to participate in the Program. It’s programs like these that make the Bar of the State of New York that much better.” Future speakers include, among others, Judy Livingston and Herald Price Fahringer.

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From Left to right: Evan Torgan, Honorable Douglas McKeon and Ben Rubinowitz

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