What? That Doctor Has Insurance? Ct. of Appeals Weighs In
In my last post, I discussed the Appellate Division, Second Dept.’s approach to the mere mention of the concept of professional liability insurance during a trial. Unfortunately, the result was a mistrial. As if on cue, the New York State Court of Appeals addressed the issue anew about a week after the Grogan decision. In [...]
Speaking of Medical Malpractice Insurance is Hazardous to Your Trial’s Health
In a case decided October 13th, Grogan v. Nizam, NY Slip Op 07375 (2d Dept. 2009), the Appellate Division, Second Department, issued a decision that underestimates the sophistication of modern jurors, and that continues to legitimize a silly precedent. The decision is short, and worth reading. The essential holding is that if the jury finds [...]
First Dept. Allows Room for Unpleasant Surprise
The Appellate Division, First Dept., has issued a decision saying that it’s OK to change experts during the trial, as long as your CPLR 3101(d) exchange put your opponent on fair notice of the substance of the expert’s testimony, and the substituted expert conforms to what was promised when he testifies. In S & W [...]