Wednesday, November 10, 2004

Is Judge LeVine at "war" against solo lawyers or is there too much pressure from above?

Personal Injury cases often take years before they are ready for trial. In the Supreme Court of Queens County, once the cases are finally ready for trial, they are sent to Judge LeVine's TAP part for trial.

Unfortunately, some sole practicioners have conflicts and are unable to be in two courthouses at once. For instance, yesterday, I covered a case, per diem, that was ready for trial in Queens County. The attorney was engaged in another trial at the same time in Westchester County. Obviously, he cannot be the trial attorney for both cases at once.

As I entered the judges chambers, I handed to the Judge an affidavit of engagement, that stated that the attorney that I was covering for needed an adjournment due to the aforementioned conflict. Opposing counsel did not oppose the application. Upon review of the affidavit, the judge stated that the contents were insufficient, however, he would contact the trial part in Westchester to ascertain its status.

The Judge ruled notwithstanding the conflict, jury selection was ordered to proceed the following day.

It is my view that the Judge's ruling is clearly prejudicial against sole practicioners. The Judge may not be at fault if the pressure to move cases in an expediated fashion comes from above. However, a sole practicioner, does not have the option of sending an associate to try the case.
What do you think?

Monday, November 08, 2004

Have jurors lost faith in corporations, leaders and lawyers?

A recent study by DecionQuest and Reuturs have found that 61 percent of Americans have lost faith in corporations, leaders and lawyers as compared to four years ago. (Is this a poll of likely voters?) It appears that the corporate scandals that have recently received so much press have been taking its toll on the way jurors view corporate cases. more...>

Friday, November 05, 2004

Who won the election: Lawyers or Doctors?

Lawyers and Doctors battled in four states over limiting damage awards and attorney's fees in malpractice cases. The verdict? A split. more...>

Thursday, November 04, 2004

Large increase in immigration appeals in NYC

The U.S. Court of Appeals for the Second Circuit reports that 44 percent of its docket consist of immigration appeals, up from 9 percent in 2002. There is currently a huge backlog of immigration appeals that show no signs of letting up. more...>

Tuesday, November 02, 2004

Is Elliot Spitzer overreaching in his suit against the insurance industry?

New York Attorney General Elliot Spitzer recent brought a civil suit against Marsh & McLennan and others for alleged statutory claims for fraud, securities fraud, anti-trust violations and common law fraud and unjust enrichment.

Is the civil suit brought against the insurance industry by Elliot Spitzer a situation where the Attorney General is just doing his job or is he trying to make new laws without the support of the legislature? more...>

Monday, November 01, 2004

Should the Atkin's diet carry a warning label?

In Florida, a judge heard preliminary arguments regaring the country's first Atkins related lawsuit. The plaintiff, Jody Gorran, claims that the anti-carbohydrate diet clogged his arteries. The lawsuit seeks little in terms of monetary damages. (Note... trial lawyers are not always after money.)

The purpose of the lawsuit is to force Atkins Nutritionals, the company behind the diet, to print warning labels. more..>

Perhaps Julia Child was right, the way to a healthy diet is to eat everything in moderation.

Friday, October 29, 2004

Runaway SUV injures mourners

New York Accident News

Both the New York Times and the Daily News report that an out of control driver of a SUV plowed into a crowd of mourners at a funeral in Chinatown. more...>

Wednesday, October 27, 2004

Can't get a flu shot? It's the trial lawyers fault

The Club for Growth Growth, a group of so called pro-growth conservatives, placed a full page ad in the New York Times today blaming the trial lawyers for the flu shot problem. They neglect to mention that the main cause of the flu vaccine shortage, according to CNN, was due to Chiron Corp. problem in producing the vaccine at its British plant.

Tuesday, October 26, 2004

What is a tort?

Tort Reform is a highly charged issue in this year's presidential campaign. However, unless you are an attorney, you may not know what constitutes a tort. more...>

Monday, October 25, 2004

Tort lawsuits against the City of New York remain level

The New York Law Journal reports today that New York City's payouts on tort cases have remained steady for the past year. Shoshana Bookson, president of the New York State Trial Lawyers' Association, stated that this demonstrates "that there is no tort crisis in New York and the cries for tort reform are hollow."

Fay Leoussis, Chief of Corporation Counsel (the defense arm for the City of New York), cites that payouts have remained steady because the Law Department is more efficient in covering its caseload. more...>

Friday, October 22, 2004

How do Americans feel about immigration?

What are native-born American's attitudes toward immigration? Suprisingly, American's have been less negative about immigration than they have been in several years. more...>

Thursday, October 21, 2004

Election sparks an interest from new citizens

The New York Times reports that the US election is being closely followed by new citizens. A recent voter drive by the New York Immigration Coalition has signed up 225,000 immigrant voters. The city's foreign born citizens are not a homogenus group, however, many are worried about their status in the US since 9/11. more...>

Wednesday, October 20, 2004

Should New York adopt no-fault divorce?

Currently, to obtain a divorce in New York, a party must either prove that they have a "fault" ground or a "separation" ground. Should there be a "no-fault" ground? more....>

Tuesday, October 19, 2004

Northport women killed in auto accident

New York Accident News: Johanna Davis, 80 years of age, from Northport, Long Island (where my wife is from) was killed yesterday in a tragic traffic accident. Ms. Davis, a passenger in a car operated by her friend, Francis Oshaughnessy, was killed when the vehicle was struck when it attempted to make a left turn. more...>

Looking for a Personal Injury Lawyer? Contact my law office. more...>

Friday, October 15, 2004

Slow processing times causes denial of vote to immigrants

The New York Immigration Coalition released a study that found that thousands of immigrants have lost their right to vote in the November election because a backlog in processing their applications. more...>

Thursday, October 14, 2004

Spitzer's office reveals widespread corruption in the insurance industry

Lucrative payoff agreements. Soliciting rigged bids. Sounds like an episode of the Soprano's. But no, we are discussing your "friendly" insurance broker, Marsh & McLennan Companies.

New York State Attorney General Elliot Spitzer today sued the nation's largest insurance broker, Marsh & McLennan Companies for fraud and anti-competitive practices. The lawsuit implicates other insurance companies. Do you still blame the trial lawyers for your high insurance rates? more...>

Wednesday, October 13, 2004

American Insurance Reform releases a study finding price-gouging of doctors despite lower medical malpractice payouts

Tort reform has been a hot button issue in this year's presidential election. A group called Americans for Insurance Reform has released a study, based on the insurance industries own data, that there has been no explosion medical malpractice payouts. In fact, these payouts have dropped. The price hikes that doctors have been experiencing in their premiums can be attributed to dropping interest rates and investment losses. more...>

Tuesday, October 12, 2004

Justice for fixed cases?

A judge arrested on charges that he took bribes. A lawyer, confessing that he wined and dined him and plied him with cigars and cash in return for favorable treatment. What happens if you were on the opposite side of the equation and your court case was fixed. Do you think you would obtain re-trial? more...>

Friday, October 08, 2004

Large jury verdict awarded to a Farmingdale motorcycle victim

Newsday reports that Justin Firmes, a resident of Farmingdale, Long Island, was awarded $13.9 verdict due to injuries he sustained in a motor vehicle accident. The accident occurred when Mr. Firmes motorcycle was impacted by a pick-up truck operated by Christopher Tiejen. Mr. Firmes left leg was amputated due to the accident. more...>

Thursday, October 07, 2004

The myth of America's lawsuit crisis

What does Newsweek and the Manhattan Institute have in common? Perpetuating the myth of America's lawsuit crisis. more...>