Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Trial Advocacy

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case-analysis

Our managing partner, Trial Attorney Ben Rubinowitz going to be doing a Case Analysis hosted by Nathan Werksman on Trial Lawyers University about the $120 million medical malpractice verdict he just received in Westchester.  The webinar will be on January 10, 2024 at 1:30pm.

“Lee v Westchester Medical Center” is a legal case revolving around medical malpractice and delayed treatment. The patient, a 41-year-old man, suffered a Basilar artery stroke. His wife found him unconscious at 3 am, and he was subsequently transferred to Westchester Medical Center. Initially, the stroke was misdiagnosed by resident radiologist and neurologist as an infection or dissection, delaying the correct treatment by three hours. When a more experienced radiologist later identified the stroke, a thrombectomy was performed.

The plaintiff’s claim focused on this delay, arguing that it resulted in significant brain damage and severe short-term memory issues, depriving the patient of a chance for a better recovery. The defense conceded the misdiagnosis but argued that the stroke’s severity, not the delayed treatment, caused the brain damage. They posited that the damage occurred between 10 pm and the patient’s hospital arrival, and earlier treatment wouldn’t have altered the outcome.

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New York Personal Injury Attorneys Rubinowitz and TorganIn yesterday’s column in the New York Law Journal, our managing partner Ben Rubinowitz assisted by our associate Brian Karalunas  and Evan Torgan, a member of Torgan Cooper & Aaron wrote:

All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.

Read the column in the New York Law Journal 

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Ben Rubinowitz Trial LawyerAre you disciplined enough to keep going even when you’re tired? Practicing law can feel like an endurance test, but discipline is critical if you want to be a champion trial lawyer.

In the last episode of Trial Lawyers University (click to listen), Dan Ambrose is joined by veteran trial lawyer Ben Rubinowitz, our Managing Partner. As a leading trial lawyer, Ben’s successes include 28 verdicts and over 180 settlements in excess of one million dollars in cases arising out of car accidents, premises accidents, construction accidents, medical malpractice, civil rights violations and product liability.

Tune in as Dan and Ben discuss how discipline is the key to success as a trial lawyer, why virtual trials are a bad idea, and the time that Ben interrupted the best opening statement of his life to jump over a jury box and render CPR to a juror.

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Best Lawyers 2024 a global triumph for our personal injury law firmIn the dynamic and ever-evolving world of law, few accomplishments resonate as profoundly as those that redefine excellence itself. Today marks a significant milestone for all of us at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, as we celebrate the exceptional achievements of our Managing Partner, Ben Rubinowitz who was named “Lawyer of the Year” twice by The Best Lawyers in America (2024 Edition) in “Personal Injury Law – Plaintiff in New York City” and “Product Liability Law – Plaintiff in New York City. Ben was also included in the 2024 edition of Best Lawyers® Medical Malpractice Law and Legal Malpractice Law – Plaintiffs in New York, New York.

This remarkable recognition for Ben Rubinowitz is a testament to the collective ethos of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. 11 other of our NYC Personal Injury Attorneys have been acknowledged in the Best Lawyers® 2024 list and the “Ones to Watch” list, exemplifying our commitment to excellence and ethical standards.

7 attorneys were named “Best Lawyers” in multiple practices:

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Ben-RubinowitzIf you’ve ever been captivated by courtroom dramas, chances are you’ve wondered about the intricate dance that is cross-examination. It’s the moment when a trial lawyer takes center stage, deftly questioning a witness from the opposing side. It’s a battle of wits, a strategic display of skill, and an art form all its own. And now, an opportunity to unravel the secrets behind a “killer cross” is just around the corner.

Mark your calendars for Tuesday, September 12th, as the renowned trial lawyer, Ben Rubinowitz, steps into the spotlight at the Golden Gate University School of Law’s Litigation Center. With a reputation that precedes him, Rubinowitz is set to share his wisdom, experience, and insights on mastering the art of cross-examination.

What to Expect:

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Join New York Personal Injury Lawyer Ben Rubinowitz for Trial SchoolAre you a legal professional looking to enhance your trial advocacy skills and achieve greater success in the courtroom? We invite you to attend Trial School, a one-day event taking place on July 19th in White Plains, NY. Led by renowned faculty members Ben Rubinowitz, Jeff Korek, and Andrew Finkelstein, this program offers invaluable insights and practical strategies to elevate your courtroom performance. Don’t miss this opportunity to learn from respected figures in the field and network with peers who share your passion for the law.

Exploring the Intricacies of Jury Selection: One of the crucial elements in a successful trial is selecting the right jury. At Trial School, you will delve into the intricacies of jury selection and learn how to identify potential biases and prejudices. Discover effective techniques for striking a balance between objective analysis and intuitive decision-making, enabling you to build a persuasive case from the start.

Mastering the Art of Cross-Examination: Cross-examination is an art that requires meticulous planning, quick thinking, and effective communication skills. During this program, you will gain comprehensive knowledge of cross-examination techniques that can help you challenge witness testimony, highlight inconsistencies, and strengthen your case. Learn from experienced practitioners who will share their insights and guide you through real-life scenarios.

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NYSLTAJust a friendly reminder that tomorrow, The New York State Trial Lawyers Association is hosting a daylong continuing legal education (CLE) master series. This event offers a unique opportunity to gain insights from some of the most successful trial attorneys of the past half-century. The faculty, chaired by our esteemed managing partner Ben Rubinowitz and featuring our partner Marijo Adimey, collectively represent over 200 years of invaluable experience. NYSTLA President Thomas P. Valet describes this event as an “unprecedented coming together” of legal talent.

Don’t miss out on this exceptional event! Join us tomorrow for a day filled with enriching discussions and invaluable knowledge-sharing. Register now to secure your spot at this esteemed webinar panel.

Event Details:

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the faculty at the NYSTLI Master SeriesOur managing partner, Ben Rubinowitz, will chair the New York State Trial Lawyers Institute’s Master Series 2023, and our partner, Marijo Adimey, will be a faculty member. The seminar will take place on June 16, 2023, from 9:30 AM to 5:30 PM, in person or online.

How do some of the most talented lawyers in New York consistently achieve the very best results for their clients? How do they deal with problems that have the potential to destroy their case? Over the last 35 years a small group of lawyers have repeatedly attained the very best results for their clients at trial. Learn the answers to these questions: Why did the jury return such a large award? How did the lawyer ask for money damages? How did the lawyer work with favorable and unfavorable trial evidence? How did the lawyer deal with problem areas during jury selection?

This seminar will demonstrate what these lawyers do and say in Opening Statements and Closing Arguments to achieve spectacular results. It will also focus on the way in which they dealt with tough and problematic issues during jury selection. Every member of this renowned faculty has obtained multiple million dollar verdicts. Trial demonstrations are what this program is all about. As an added bonus a portion of this program will be devoted to legal ethics at trial.

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Personal Injury Trial Technics by Attorney Ben RubinowitzOur managing partner, Ben Rubinowitz, was recently a guest on Unscripted Direct, a popular podcast among the law school trial advocacy community presented by Spencer Pahlke and Justin Bernstein. In “Episode 48 – Bad Facts” Ben demonstrates how to cross examine witnesses by using voice of reason questions to which the witness has no choice but to answer in the favor of the plaintiff.  This approach to cross examination helps to both destroy the witness’ credibility and at the same time create powerful and winning arguments on summation.

In the podcast Ben demonstrated how this approach can be used in almost any negligence case by using multiple examples. Ben calls this “walking the witness down to a tight rope so when you finally push, the witness falls in the canyon of doom and there is no escape”.

Listen to several interactive examples of “voice of reason questions” in episode 48 of Unscripted Direct  (Ben segment starts at 00:17:50)

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Personal Injury Attorney Ben Rubinowitz to speak at Trial School SymposiumOur managing partner, Ben Rubinowitz, a top New York Trial Attorney, will be speaking about “Using the Cross Examination of Common Sense” at the Trial School Symposium that will take place in Denver, CO from November 17th to November 20, 2022.

During this 3-day event, you’ll learn and workshop the latest mixed method advocacy approaches for two of the hardest skills to master, Voir Dire and Cross Examination from a nationally recognized faculty. The  program will feature an intensive program of study incorporating a combination of daily lecture presentations and small group break-out sessions each afternoon.

For more info or to register please click here