Federal Tort Claims Act/ New York Court of Claims; Even the playing field...Give us a jury!

Let's be real, two of the most difficult types of cases to win are cases against the United States of America and those against The State of New York in the Court of Claims. I am positive that statistics will bear me out...Plaintiffs probably win way under 50% of those cases filed.
Why ? Well there are a number of reasons including;
1. Sovereign Immunities,
2. These defendants rarely settle,
3. They use staff counsel, so legal fees are never an issue(self-insured),
4. Defense counsel are much more familar with the procedure and substantive elements of these cases ,
5. Cases are presided over by a single Judge...who happen to be employees of the defendants and
6. There is no trial by jury.
I used to cringe when I had to litigate one of these cases and rightfully so. The only time you caught a break was when a private carrier had to indemnify the State or Federal Gov't. I'm sure most counsel feel that way.
So my suggestion is to "even the playing field"; Enact statutory amendments providing plaintiffs/claimants with a " right to trial by jury". This would definitely make a difference..

What do you think?

Fred Wilpon; When you play with Fire, You can get Burned.

Big story this week is the fallout and litigation resulting from Fred Wilpon's financial entanglement with Bernard Madoff. Depending on which report you believe Fred Wilpon and his group are being sued on a "clawback theory" by the trustee, Irving Picard for between $300 million and one billion dollars. Ouch!
So did Mr.Wilpon actually make money or lose money over his long "investing relationship" with Mr. Madoff. We'll probably never know. Does it really matter? An interesting question though does arise; Does an investor (any investor) have a "legal obligation" to examine, analyze, second-guess or doubt the financial returns he gets because returns are so good and so steady?
Not that I'm aware of! Anyway, one of the theories being utilized by "the trustee " to pursue banks, hedge funds, feeder funds and "rich investors", is they should have seen the red flags . What "red flags"? I get my 10% back like clockwork every year from Bernard Madoff " The Whizkid". What am I to question?
Well it certainly will be interesting to see how things play out against the Mets owner.
What do you think?

Mike McCallister; May you rest in Peace.

The recent passing of Mike has truly shaken the "entire New York "personal injury world" from the plaintiff's bar, to defense bar, to judges and carriers alike. Mike through extraordinary personal skills, honed his craft for 17 years and simply became "the go to guy". No ifs, ands or buts.. he was so respected and well-recognized, that when someone was going to mediate, you would just ask him or her..."are you using Mike "?
While we all know he was at the top of his craft, with three month delays to mediate with him...Mike was an a even better person. I knew Mike since the late 1980's, followed his career and sat with him hundreds of times in the back room on the first floor of 80 Centre Street.He would always be holding those cards...and would gruffly say "why don't you step outside".
He was a devoted husband, father and colleague. At the same time Mike could be gruff, funny, caring, understanding or no nonsense; But he was always honest! In his profession he was who he was because of his credibility, judgment and "street smarts".
Yes, Mike always had those "street smarts". You couldn't B.S. him, pull the wool over his eyes or con him. Likewise, he wouldn't try to bull__it you. He talked like the regular guy he was...never talked down to you or up to you. He talked to you! If you wanted to talk law, sports, current events or whatever, he would not be shy with his opinions. I always felt good after mediating with Mike, settling or otherwise. Even though I would be jumping up and down demanding to pick a jury that moment. I loved him. Everybody felt this way.
So while we mourn his premature passing, let's remember and cherish the time we spent with him and whatever we were fortunate enough to have learned from him.
To say he will be missed is a a vast understatement. God bless!

Not even rain, sleet or snow(2 storms) will stop our funding

I'm not sure if I've spent more time shoveling and salting this month or doing deals...It's neck and neck! Anyway , rent and mortgages must be paid, bills taken care of , payroll and of course litigation costs never go away. Well, you know the drill.
So, I just wanted to reassure all my customers that I will do whatever it takes to satisfy your and your clients' funding needs.
All deals will get done!

Goldman War Stories;Washington Square Park Disaster

About twenty years ago, on a busy day, a vehicle being driven by Stella Maychick entered Washington Square Park at a high rate of speed mowing down pedestrian after pedestrian. The total number of people significantly injured or maimed was about 28. All injuries for the most part were catastrophic. The operator claimed the gas pedal stuck causing the car to race through the park running down hepless parkgoers.
We were retained almost immediately by families of two former clients of ours who were injured . We brought an order to show cause to inspect the vehicle immediately. All the injured parties eventually filed suit against the driver of the car and the automobile manfacturer in what became known as "the Washington Square Park Disaster Litigation".
After a lengthy battle the cases were finally resolved. Our trial counsel Alan Shapey and Tom Moverman did an outstanding job. All the clients received top-flight representation.
I remember the case like it was yesterday.

Goldman War Stories; Did you ever ground a Commercial Airplane?

I guess if you practice long enough you'll probably see all sorts of wild scenarios. But unless you practice aviation disaster litigation...You probably never grounded an American Airlines 757 with a Temporary Restraining Order. Well I was able to do it one time.
On an American Airlines flight from one of the New York Airports to the Dominican Republic, before takeoff a small fire broke out in the kitchen. The emergency slides were activated , but malfuctioned and while disembarking my client suffered a compound fractured leg.
We filed suit in Supreme Court Queens County and simultaneously filed an Order to Show Cause seeking an inspection and photographing of the plane and "emergency slide ". I requested a temporary restraining order as well, basically "grounding the plane " until our inspection could be performed.
Well the TRO was granted and it was served on American Airlines at around 4 o'clock in the afternoon. At 4:30 I received a call from one of their attorneys advising us to be at a specified hangar at JFK at midnight , ready to inspect. They were in a desperate rush to get that plane " ungrounded". Time of course, is $!
So I take my engneer and investigator and we head out to JFK for a "midnight party".We arrive at this enormous indoor hangar, met by counsel and an American supervisor-type. We spent the next two hours as "busy as bees " inspecting and photographing everything we could think of. Yikes, those planes are not small.
By 2 a.m. we called it a night...I was bushed and had Court that morning... the case later settled.
Moral of the Story; Never be afraid to ask for something; You may get it!

Goldman War Stories; Batavia Amtrak Train Derailment.

One of the most horrifying types of accidents is a train derailment. The end result is usually a carnage of metal, track, debris and human tragedy. This is exactly what happened in Batavia(outside Rochester) New York several years back, when a New York bound Amtrak train derailed. There were scores of significant injuries and our client , who was thrown from the train, suffered numerous fractures [and much more] and underwent 13 surgeries.

Upon being retained, I prepared an order to show cause, flew my co-counsel up to Rochester and we were able to secure pre-suit inspection of the train and tracks (alongside NTSB workers)as well as a Temporary Restraining Order restraining any movement, repair, alteration or modification of the train or tracks until our experts could inspect them.

We brought in a train and track expert(like in Butch Cassidy and the Sundance Kid; Who are those guys?) with collectively 70 years of experience working at Amtrak and Conrail. Amtrak knew them well and respected and feared them. By the time our inspection was done and shortly after filing suit, defendants conceded liability on our case...not on the other 27 that were later filed.

I took three videotape depositions of the trauma surgeons in Strong Memorial Hospital. We took the videotape deposition of the "first responding rescue worker at the scene " who found my client on an embankment a mess of blood and exposed bone... He was one of the great, untouchable witnesses of all time.

I vowed that on this case I would do something productive EVERY DAY ON THE CASE, and I did. I pounded and pounded the defendants until they invited us down to Amtrak headquarters on 30th Street to resolve the case...[with fresh $ and structure totaling over $4 million].

I went one on one with the Senior Partner who arguably was and is the best train, defense litigator in the country..

I would meet up with him many times after the conclusion of this case as well.

One of the best cases I ever had! Remember it well.

It's time for Another Installment of Goldman War Stories; "My First Big Case".

Everyone remembers their first "big case"; Just as you always remember the first time "you got lucky".(or unlucky). In any event , I recall my first million dollar case like it was yesterday.
So one evening four friends are driving in their Plymouth. My client happens to be seated in the backseat; 2 in front , 2 in back. As they're proceeding on this " fateful night " another vehicle slams into the rear of the plaintiff's car ...The gas tank, due to it's location, was punctured and the car burst into flames. To make matters worse, the rear passaenger doors jammed(malfunctioned) and could not be opened.
They finally extricated the occupants, all suffering significant injuries; My client sustained a fractured leg and third degree burns landing him in the Cornell Burn Unit.
We started suit against the rearend hitter and the manufacturer of the " host vehicle". There was an "allstar lineup of plaintiff's counsel and defense counsel as well.
After serving voluminous interrogatories[with assistance of our experts], and spending the better part of a year getting them answered, we discovered that the design for the gas tank location was almost the exact design as one of the worst designed American cars of all time! Amazing.
Anyway, I settled the case over breakfast in a diner on a Saturday morning with defense counsel for a shade under $2 million. Everybody was satisfied.

Cases like that certainly make up for all those intersection accident cases with "sprains and bruises".

That's all for this edition of " Goldman War Stories". See you next time.

Toxic Mold Litigation, Where have you gone....?

From 1998-2005 I handled over 300 "toxic mold cases". Turned many, many down as well. While there were few personal injury cases which were homeruns(usually $25,000-$100,000 per case), those with property damage brought larger results.
Resolved one case for a couple for $510,000 and just 2-3 years ago I concluded my last case in N.J. for $202,000 for a family with toxic mold infestation.

So where have all the cases gone? I believe the heavy cost of litigating them, Frye-Daubert issues, some bad "Appellate Division Law" in N.Y. and statute of limitations issues inherent in " toxic exposure cases"(see CPLR Section 214(c)2 ) have scared away most practitioners.

Oh well, it was good while it lasted.

Madoff Update; Picower Estate agrees to pay $7.2 billion to investors.

Well, even though you may not like the trustee's methods[i.e. sue everybody and hope for the best], to my amazement with the "Picower Settlement" the total recouped for victims(investors) is probably now $10 billion or more. Wow!

You have to applaud Irving Picard's results. There were very limited Madoff assets available...so he went to plan B; "clawbacks, co-conspirators,"feeder funds", accountants, middlemen, etc.
It will be interesting to see how much is actually recovered, how long it will take to pay out and how it will be determined who gets what...Gonna be a "dog-fight" over the $.

At least there will be some relief for individuals who actually lost their life savings or close to it... So many lessons to be learned..

We'll discuss some of those at a later time.

Your thoughts?

New York Times Story of 1/17/2011; Nothing to get excited about.

All morning today I received texts , calls and emails; "Did you see the front page story in the New York Times"? Well of course I saw it , I've been reading the" Times" every day since 1981.
Now ask me what I thought about the story......Boringggggg. Litigation funding has been around for 15-20 years, hundreds of thousands of transactions have been completed, needy clients [with nowhere else to turn] have been helped, attorneys' who otherwise couldn't afford to bring important, history-making litigation have been funded, Attorney General's have implemented rules and regulations for the industry and now I'm supposed to get excited by a story published by the New York Times which is basically "yesterday's news". Give me a break!
Like any industry or profession, litigation funding has "bad apples". Does that mean the whole industry is rotten? Because there are thiefs on Wall Street , does that mean the entire industry is crooked? Well you get the point.
Litigation funding is an industry which, for the most part is run by good , reputable companies and sound business people.
It is a business like no other; If you can maneuver through the risks of litigation and other headaches, you will be rewarded with nice returns. I won't bore you with the multitude of potential problems civil litigation possesses...Suffice to say, not many cases are "pure slam dunks".

At the end of the day litigation funding serves it's purpose. It provides an outlet for thousands of people without credit, without work and who have suffered disabling injuries and have nowhere else to turn to seek funds to feed and support their families. Many of the " bad funding deals" these people get involved in occur for one simple reason...The plaintiffs and their attorneys are either in too big a rush, too lazy or don't take the extra time to "price shop " to secure the most reasonable deal.
If you contact me, you will never be disappointed by the non-compounding monthly rate I will secure for you. Just take your time , we will get it done for you.

Take a quick break "from the law":Jets, Jets, Jets.......

I was only 10 years old in 1969 when Joe Namath, Don Maynard, Matt Snell and company beat the Colts in one of the most important games in sports history.
From a fan's standpoint; Beating Peyton Manning on a last second field goal and then coming back from a 42 point drubbing at the hands of the Patriots and Tom Brady just a short time ago, this win against New England ( in New England) had to have been either the second or third greatest Jet win of all-time.

Congrats to Rex and the boys!

Oh by the way, we have the Steelers in Pittsburg next week.

Why do attorneys become Judges in the first place?Certainly not for the Money.

If you are regular reader of The New York Law Journal, you can't miss the ongoing battle regarding the Judiciary's salary increase demands. Yes, Judge's salaries in New York are in the 120k to 150k range, but for the last 30 years the salaries have always been lower than a majority of practicing attorneys.
So why does an attorney actually become a Judge knowing the limitations in compensation? There are a number of reasons which include prestige, making a difference, it's legally challenging, the hours are good, power, "I always wanted to be a Judge".....But you never hear someone saying I became a Judge to make "big bucks". Yes, judges are underpaid, so are cops, fire fighters, teachers and EMS workers. It is also true that judges are very restricted in other types of work they can engage in.
Look, like anything there are many, many dedicated and brilliant judges out there. There are also many who never tried a case and who won their seat on the bench by being part of the " political system".
Perhaps, judges should be compensated with " a merit bonus system"; Base salary plus merit bonuses for number of dispositions, number of cases tried, speed in deciding motions, their rating at year's end, etc...
This, I guarantee you would put more money in the Judge's paycheck, and would certainly increase the effort of the Judiary and the "quality of the bench".

What do you think?

Martin Luther King Day.

There is little doubt that Martin Luther King was one of the greatest Civil Rights leaders of all time. His courageous, non-violent marches through the south, the Washington D.C demonstration and his relentless pursuit to abolish segreation did more to facilitate "Civil Rights "advances than any other person.

He was a great leader and should be recognized accordingly.

Another installment (yes) of "Goldman War Stories".

The scene was horrific, one of unbelievable devastation, unforgettable in New York City history. " The Grammercy Park Steampipe Explosion". When a Con Ed steampipe[the bellows] malfunctioned and exploded the people living in Grammercy Park, the buildings, the park ... were injured , damaged, destroyed.

Immediately a massive joint effort by The City of New York and Con Edison was undertaken to clean up, protect and assist and a Commission was established to find out what went wrong. I was retained the day following the incident by families of ConEd workers. I remember signing the cases up[photographing victims]in the Cornell Med. Center Burn Unit. [Tough stuff].
The next day I retained a "nationally recognized metallurgist " to lead our investigation as to the cause of the explosion and injury. I submitted an order to show cause in Supreme Court, New York County which sought inspection, photographing and videotaping of the "the subject area " , and a further order compelling all the investigation to date and most importantly allowing my expert to perform a metallurgical analysis on the piping and bellows. Guess what? The Court even granted my request for a "temporary restraining order " (TRO) which effectively shut down the investigation, inspection and cleanup by Con Ed and The City of New York until I got "my people " in there.
Right after I served the order[I was all of 29 yrs old] Con Ed's lead counsel called me and invited me down to 4 Irving Place to chat. Amazingly, I was given full cooperation, first to inspect and photograph the scene and then to fly up to the Mass. Institute of Technology [MIT] with my metallurgical expert and a young associate with my firm[she later became Ms. Goldman-yikes] to observe the analysis performed to date on the piping and bellows that had been sent up to MIT and which were being safeguarded there.
We did our work, got everything we could out of it and called it a day. Hit Legal Seafood in Cambridge on the way home...and the rest is history.
Moral of the Story; If you're going to get involved in a "high profile case" with a lot at stake, leave no stone unturned!

Snow, snow and more snow.

As I'm staring out of my window, looking at the foot and a half of snow I have to shovel, waiting for the plow guy to come....I can think of only one thing, thank God I have customers in California and Florida....


Be careful out there!

Did a defendant ever tell you they "consider aesthetics over safety"?

"Aesthetics is a branch of philosophy dealing with the nature of beauty , art, and taste with the creation and appreciation of beauty."

So I'm representing this woman who is shopping at a well -known, upscale New York department store. It's an"illusion of space case", wherein due to the lighting, heavily waxed/shined floors and the colorful background ,my client walks through an empty sign fixture, gets tangled up and suffers a nasty fall. End result; Horrific case of RSD. [Real].
So I'm taking the deposition of a salesman stationed in the area at the time of the accident. It was quite evident from "the get go" that he didn't want to be giving a deposition.
Anyway, about half way through the deposition he states under oath " we looked at aesthetics before safety"! Wow! Did you ever get a witness to say that?
So I'm thinking to myself; do I ask one or two more quickie questions and call it a day, or do I really go to town? I chose the former route ; asked a couple of additional questions to nail things down and wrapped it up.

So the case comes up for trial in Supreme Court , New York County. I subpoena the guy for my direct case. Call him, hold him to his deposition testimony ...What a beautiful moment. The rest is history... case settles for $800,000 and I avoid a huge potential comparative negligence verdict.

Well that's it for another chapter of "Goldman War Stories".

See you next time.

No consistency with Medicare.

We've all heard, seen and experienced the nightmares and headaches brought on by the Medicare Regulations. Obviously, you have to start early to determine whether your client was/is Medicare Eligible. Don't wait until the case settles!

The biggest problem I see is that there is no uniformity in the way "settling defendants" apply or comply with the regulations. For instance one carrier may pay without a hassle, another one may request money be set aside and so on....

The bottom line is we must all become experts on medicare....Your practice otherwise will suffer greatly.

Big deal or small deal; I'll always get you the best rate and without a doubt, the finest service....Why go anywhere else?

Whether your deal is between $1,000 and $100,000, or between $100,000 and a $1,000,000, expect two things from me:...The lowest rate(no monthly compounding) and the best service, no ifs, ands or buts.
You can call me at 9a.m. on a Monday or 8 p.m. on a Saturday(not tonight please the Jets are on) and you'll get the same great service . I don't rest until a deal closes.
I am totally dedicated to providing the best litigation funding to " the plaintiff's bar".

If you haven't worked with me...ask around.

Let's go Jets!

When you get a trial date; Contact me, I'll immediately get you an updated payoff amount.

As you get near a trial date or a pre-trial date it is always a good idea to check in with me ahead of time for an "updated payoff amount " for your client. That way you will know what the client owes, when the amount will increase, etc...If there is a discrepany it can be discussed or if you need an explanation that of course can be provided.
Most importantly, you want to have numbers at your finger tips when discussing settlement.

Of course try to contact me before settling the case, not after......

Law office technology; You want to make life easy on yourself?

I have to chuckle sometimes when I deal with a law office who doesn't have one of the following;
1. Scanner,
2. voice mail,
3. email ,
4. A color copier or scanner, or
5. Remote access to your desk top and office "network".

Let alone an E-fax.


It's 2011 for God's sake!

Then an attorney tells you he doesn't have a blackberry or"smart phone ". Did someone say "stone age'? I guess if you don't want to be reached, you won't be....

All of the above are needed to stay on top of the steady stream of daily communications and information. No ifs, ands or buts.

Plus, to get more quality time at home you gotta have a computer, printer, fax and copier...Not a huge investment,...but it will give you the ability to go home but still be able to take care of business while home.

I'm not talking Silicon Valley here; just bare bones basics....You can do it!

Everybody getting fined, civil penalties....How long do they actually take to pay?

In the last month former Governor David Patterson was fined $63,000 by the State Ethics Panel. Billionaire Steven Rattner pled guilty and agreed to a $10 million fine....not peanuts.

So knowing David Patterson's finances, will he pay? How long will it take? Maybe he needs funding[lol].

Steven Rattner is another story....He got a "slap on the wrist" and a $10 million fine...We know he's good for the money. Will he write one check? Spread it out over 6 months...Who knows...Is it deductible..?

Just a little food for thought...


Your comments?

Show some moxy; More often than not a defendant wants to try a case less than you do.

We all strive for the perfect case and the perfect time to try it. You would like to have the time to try it, no other pressing cases , briefs or motions, witnesses ready, plaintiff prepped, expert's paid, money in the bank, things good at home....good Judge...Well you get the picture.
Guess what? It is extremely rare that everything will line up perfectly for you...It just doesn't happen. But you want to know what? Defendant's have their own problems too. More often than not they want to try the case less than you do.

So next time you're in the trial part, do what I did for 20 years every time my case was called.

"Answer plaintiff ready to select"! Let the defendants know you'll always be ready to go!

Happy New Year.

Welcome back, just give me 2 black coffees and I'm good to go.

Holidays over, grind it out time. Not another break until Martin Luther King Day. The biggest stress-producing factor after the holidays is cash-flow...coupled with work, work work...Well I guarantee you, January (despite the cold) is a much more bearable month with some "cushion money " in your checking account.

Contact me; I'll walk you through the process.