Long before the days of videoconferences and virtual hearings, attorneys were filling courthouses across the state daily, catching up with colleagues, making last-minute preparations for oral argument or brokering eleventh-hour settlements with opposing counsel. Less visible were the women litigators quietly counting to themselves on one hand the number of…

From historical cases like the conviction and execution of Sacco and Vanzetti to contemporary exonerations of death-row inmates through DNA evidence, it is not news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant social science research makes plain that eyewitness testimony is often wrong,…

For multidistrict litigation (MDL) to move forward to trials, we must understand Daubert, Rule 702 and the role of the judge in determining the admissibility of expert testimony. The use of expert testimony in the litigation process has been going on for centuries. Acknowledging the need for a check against…

When and whether tort claims impermissibly duplicate breach of contract claims is a question ubiquitous in commercial litigation in New York. A plaintiff’s ability to assert a tort claim beside a breach of contract claim is no small matter. For one, a plaintiff can seek punitive damages in tort. A…

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Attorneys often find themselves navigating the delicate balance between advocating for their clients’ interests and upholding the integrity of the judicial system. The recent decision by the First Department in the case of 13 E. 124 v. J&M Realty Services et al., 222 A.D.3d 446, 202 N.Y.S.3d 31 (2023), issued…