Publications

New York Law Journal Tuesday, October 23, 2007 Headline: Proving Damages in a Wrongful Death Case Byline: Ben Rubinowitz and Evan Torgan The trial of a wrongful death case presents interesting and challenging issues. The laws regarding damages for wrongful death are old-fashioned, out of date and archaic. At common law, the personal injury...

New York Law Journal Friday, December 29, 2006 Headline: Hypothetical Questions on Cross Byline: Ben B. Rubinowitz and Evan Torgan In our last article we suggested that hypothetical questions were an extremely useful trial technique when working with your own expert witness. Although the Civil Practice Law and Rules (CPLR) do not require the...

New York Law Journal Tuesday, December 23, 2008 Headline: Jury Selection: Dealing with Damages in Era of Tort Reform Byline: Ben Rubinowitz and Evan Torgan Without question, the insurance industry and Big Business have done a good job conditioning prospective jurors before they ever step foot in court that tort reform is an important,...

New York Law Journal Wednesday, August 29, 2007 Headline: Jury Selection: Time Constraints and Weaknesses in Cases Byline: Ben Rubinowitz and Evan Torgan To properly prepare for and conduct jury selection, a trial lawyer must know how to deal with two important issues: time constraints and weaknesses in his case. Although these issues might...

New York Law Journal Thursday, July 31, 2008 Headline: Getting the Picture: Using Exhibits Throughout a Trial Byline: Ben Rubinowitz and Evan Torgan Demonstrative exhibits have become commonplace at trial. If used properly, these exhibits have the potential to resonate throughout the entire trial from opening statements forward. Too often, however, trial lawyers use...