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New York City Personal Injury Blog

Videotaping IMEs: a Corollary To Defense Surveillance of Plaintiffs

Posted August 26, 2014 in
New York Law Journal August 26, 2014 TuesdaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 252 No. 39 LENGTH: 2510 wordsHEADLINE: Videotaping IMEs: a Corollary To Defense Surveillance of Plaintiffs; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:In personal injury cases, the defense bar has long employed the use of covert video surveillance of plaintiffs engaged...
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Making the Most of Omissions: When Critical Facts Are Left Unsaid

Posted June 23, 2014 in
New York Law Journal June 23, 2014 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 251 No. 119 LENGTH: 2296 words HEADLINE: Making the Most of Omissions: When Critical Facts Are Left Unsaid; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:The lynchpin of effective advocacy is persuasion, which can come in many forms. Capitalizing on the...
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Direct Examination Of the Economist

Posted May 19, 2014 in
New York Law Journal May 19, 2014 MondaySECTION: EXPERT ANALYSIS; Pg. p.3, col.1 Vol. 251 No. 95 LENGTH: 2778 wordsHEADLINE: Direct Examination Of the Economist; TRIAL ADVOCACYBYLINE: Ben Rubinowitz And Evan TorganBODY:While an award of damages for pain and suffering is often subject to the whims of jurors and strict oversight by courts, an award...
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Case for the Rhetorical Question As a Summation Technique

Posted February 24, 2014 in
New York Law Journal February 24, 2014 MondaySECTION: EXPERT ANALYSIS; p.3, col.1 Vol. 251 No. 35 LENGTH: 2611 wordsHEADLINE: Case for the Rhetorical Question As a Summation Technique; TRIAL ADVOCACYBYLINE: Ben Rubinowitz And Evan TorganBODY:The art of persuasion comes in many forms. It is the manner in which the trial lawyer chooses to present certain...
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Exposing Expert Witness’ Bias During Cross: Collateral Attack

Posted December 23, 2013 in
New York Law Journal December 23, 2013 MondaySECTION: EXPERT ANALYSIS; p.3, col.1 Vol. 250 No. 121 LENGTH: 2218 wordsHEADLINE: Exposing Expert Witness' Bias During Cross: Collateral Attack; TRIAL ADVOCACY BYLINE: Ben Rubinowitz And Evan TorganBODY:When preparing for a cross-examination, the skilled litigator must always first determine his "theory" of the cross: Specifically, it must determine...
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