Steven Babitsky, Esq. State and federal courts are encouraging and, in some cases, requiring litigants to proceed with virtual litigation. Hearings In Madonna Ciccone v. One West 64th Street Inc., the Supreme court New York County 6514748/2016 9/4/2020, the court required, due to Covid-19, that a fee hearing must go forward by videoconference. Bench Trials… read more

By Jonathan Hersch, MD Introduction A large percentage of the population is walking around now with meniscus tears (aka cartilage tears) in the knee without knowing it. Many people currently have rotator cuff tendon tears in the shoulder but don’t know it. Many people have herniated discs in the neck, and low back yet don’t… read more

Conflict Check For Expert Witnesses:What Can Go Wrong By Steven Babitsky, Esq. Expert Witnesses who do not have a robust  conflict of interest protocol that they follow in each case are risking serious consequences. At SEAK we speak to many expert witnesses each year about  issues or  vexing problems they are facing.One problem that keeps… read more

Ms. Madej brought suit to enjoin roadwork near her house on the grounds that the asphalt used triggered her multiple chemical sensitivity, thus violating the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act of 1990. Madej, 951 F.3d at *367-68. Due to Ms. Madej’s extreme chemical sensitivity, she had requested that… read more

In the 2020 case of Blair v Coney, the Court discussed the admission of expert opinions in thorough detail. No. 2019-CC-00795, 2020 La. LEXIS 670 (La. Apr. 3, 2020). Under the landmark case Daubert v Merrell Dow Pharmaceuticals, extensive inquiry into the reliability of the facts and methodology upon which a testifying expert’s opinion is… read more

By James J. Mangraviti, Jr., Esq. The following are some suggestions for how to conduct a cross-examination of a life care planner serving as an expert witness.  Life care planning expert witnesses are used to address the issue of damages in personal injury and medical malpractice cases.  Life care planner expert witnesses are often involved… read more

Steven Babitsky Esq. Your expert witness deposition is crucial in many cases to flesh out the issues ,help determine the value of the case, and your effectiveness as the expert witness. In my opinion, based on 40 years of experience, it is virtually impossible to become a successful expert witness without being able to deliver… read more

Steven Babitsky, Esq. Experienced expert witnesses use numbered lists when expressing their opinions. In complex cases, even if the jury doesn’t understand or remember what all the reasons are, they will remember that the expert had multiple reasons supporting his opinion. Let’s take a look at an example of this technique: Q. Have you formed… read more

By Jonathan Hersch, MD Introduction Over the last 20 years Orthopedics has moved towards a more minimally invasive way to perform the same procedures as we did open, such as rotator cuff repairs and ligament repairs of the shoulder. We have used a camera instead of a large incision to look inside the shoulder joint… read more