Knicks; Chauncey Billups not bad for "a throw in"!

Man o man, I got a bounce in my step this morning. Friday the Knicks get pummeled by Cleveland. Second guessers are coming out of the woodwork. Last night against Miami I'm praying we just don't get blown out. Early on we're down , 9, 10, 11. My wife turns on the Oscars and next thing I know the Knicks finish the half with a 16-0 run...Did somebody say Anthony Carter?
The second half felt like good old Knicks playoff basketball. Gut wrenching...but somehow I was optimistic. Wade and Lebron actually appeared to be human. Amar'e and Melo showed flashes of brilliance. Yes, I actually witnessed some defense being played.
Then when we really needed a "three " in the worst way...who delivered? Yup, "Mr. Bigshot ", Chauncey Billups. The feeling was like settling a $500,000 case! The Knicks hung on with Williams and Walker hitting big free throws. What can I say? I'm a happy camper.
This win more than offsets the Cleveland loss. For just one night,"all is well in Knickland"!

Bermudez vs. The City of New York; How much is 18 years of your life in Prision worth?

In 1992 Mr. Bermudez was convicted of a murder in Greenwich Village. No forensic evidence tied him to the crime and moreover one year after the accident five (5) prosecution witnesses recanted their testimony. But from 1993 to 2010 the D.A. did nothing while Mr. Bermudez rotted in prision. How many other horror stories like this are lurking out there?
The amazing thing is that Justice Cataldo actually found "clear and convincing evidence to establish Mr. Bermudez's innocence"! Wow!
So what is fair and adequate compensation for someone who spends the prime of their life in prision, 25 % of their life behind bars for something they didn't do?
Is the case worth, $5 million, $10 million , $20 million? Who knows...But I do know one thing, the City will "pay through the nose " on this one and rightfully so.
Good luck Mr. Bermudez.

Vaccine Litigation case against Wyeth; Justice Ginsburg, Justice Sotomayor You Rock!

As attorneys we've all had the pleasant or rather unpleasant experience of handling a case in the U.S. Court of Federal Claims covering vaccine-related injuries. What a drag! No jury, a professional "special master", stringent rules...and your respondent is basically the U.S. Government. Tough to win these cases.

To make matters worse, Congress has basically limited your options... You must bring a claim in "Vaccine Compensation Court". Recently , a decision was rendered by the U.S. Supreme Court denying a family's right(after losing in the Federal Court of Claims)to maintain a private cause of action against Wyeth. That's all we need is more protection for the pharmaceutical companies.

Justice Ginsburg and Justice Sotomayor dissented, and essentially stated that the majority opinion "disturbs the careful balance created by Congress between compensation for vaccine-injured children and providing stability to the childhood vaccine market".

Ladies, I'm proud of you!

U.S. Courts should bud out of Chevron Case in Ecuador.

Are our Courts the " world's policemen ", yes or no ? First , the Second Circuit says cases under The Alien Tort Act cannot be brought in U.S. Courts.....Big mistake!
Then before you can say "let's interfere " Judge Kaplan is getting involved in the Ecuadorian case[Chevron Matter] directing discovery and now I understand enjoining and restraining any efforts or attempts to enter judgment against Chevron in the U.S. and/or to enforce any judgments arising from the pollution case in Ecuador here.
Give me a break! ...Chevron pollutes a Country for 26 years, gets sued in Ecuador, is found liable by an Ecuadorian Court to the tune of $8 billion and now Judge Kaplan wants to be involved.

What a travesty?

Your thoughts?

Knicks get Carmelo; That's going to be one hot ticket!

Like any crazy knick fan I've been following the Carmelo soap opera. Somehow, subconsciously I was rooting against the Knicks getting him. Probably the fact that the Knicks had become competitive, young, energetic and most of all....fun to watch!
I saw Gallo's unlimited potential, Chandler's fine all-around game, the savy of the kid Fields...potential with the Russian and Felton playing at such a high level. But then again, they are still 28-26.
So when I woke up this morning, flipped on the radio and heard that" we got Melo " was I disappointed? To be honest, I found myself actually giving an outloud "fistpumping yes "! I think first and foremost I was relieved we kept Fields. Then I performed a quick analysis; we gave up Felton, got Chauncey...a wash for 2 years. We gave up Chandler...we weren't going to be able to keep him anyway. So it came down to Gallinari and Mozgov for Melo....a no-brainer for us!
Getting a superstar to join Amar'e every single night...well, that's fun stuff! The Garden will be sick if they win. No more easy tickets...Brokers in heaven. And at the end of the day, Melo, Amar'e, Fields , Chauncey and Turiaf as the starting five.
All I can say is the Knicks are extremely relevant again. Let's go knicks, lets go Knicks...

Yes, believe it or not, it's time for another installment of "Goldman War Stories".

Several years ago my client, "Carmen R " was living in an apartment building in the Bronx with her children. The building went through a total window replacement ; effectively every window in the building was removed and new ones installed. About two days after my client's windows were replaced,while she was looking out of her window it collasped on her head causing a bilateral hearing loss.
We filed suit in Supreme Court Bronx County against the landlord and window installer. As we proceeded through the discovery process we were ultimately advised by defendant's counsel that they could not produce one of the window installers. We were finally provided with a last known address only.
A little investigation and some leg work and we tracked the witness down at Franklin Correctional Facility in upstate New York some 30 miles south of Montreal . I was able to to engage an investigator who visited the witness securing a "smoking gun statement"; i.e. that the installers were behind schedule and in an effort to bring the job in on time they were instructed to cut corners on the installation.
My next move was to obtain a so-odered subpoena and then to serve the witness at the "correctional facility" setting up a non-party deposition. Defense counsel was obviously placed on notice as well.
Before you could say "do you speak French", myself and my adversary were on a plane heading to Montreal, renting a car and driving down to Malone. I remember this "surreal moment ", after crossing over into NY State from Quebec when we stopped for directions and everone on the New York side spoke French. Not what you would expect.
Well we get to prision, are virtually strip-searched and we meet our court reporter and I conduct the deposition. I was armed with the sworn statement in case there were problems, and because I intended to read the deposition to the jury I conducted the questioning as if I was putting on my direct case. Went off without a hitch!
On the plane ride back to New York we discussed the case over drinks(never tasted better). The case ultimately settled a few weeks later after jury selection.
Putting all the pieces together and having things pay off was a great thrill!

Liability cases; Retain an engineer...You can't go wrong!

I see dozens and dozens of premises/slip and fall cases over the course of a month. Unfortunately, the quality of the workup of the average practitioner doesn't change.
No investigator, no engineer and poor quality black and white faxed photos. "Come on, you're better than that"! If that's what is being submitted to me for funding, I have to assume the same is being submitted to the carrier and defense counsel. Very tough to evaluate a file like that.
My rule: On any liability case involving a "substance" get an investigator out there to photograph and get statements. On any other premises case retain your engineer and have him photograph and prepare an opinion.
You'll be amazed at the reults!

It's 50 Degrees, pitchers and catchers are reporting, So let's get back to business.

Well, the long, cold, hard winter is hopefully drawing to a close. It's staying light out later, the snow is melting, the sun was out today, discussion of baseball is in the air. Well you get the picture!
Time to get those competitive juices flowing, fire in your belly and swagger in your step.
Yes, Spring is amost here!

Madoff and the Mets; Naming Mario Cuomo as the mediator really brings some class and stability to the situation.

I have to give Judge Lifland credit for recognizing that this extreme situation needs immediate attention so as to " avoid the continuing circus atmosphere" and to avoid further damage to the Met's Franchise. Appointing former Governor Mario Cuomo as a mediator(albeit without settlement authority) was a brilliant move.
Mario Cuomo is universally respected, has the background in law and mediation and has the "street smarts" to see the big picture. He will understand the Wilpon's operation , will know all the players involved and will never be bullied or intimidated. Most of all he will understand the need for an expedited resolution, a win win for all.
All I can say is good luck Mario!

Mike McCallister Education Fund; Let's not let Mike down.

As you know Mike leaves a wife and four teenage children. College is just around the corner for them.
An education fund has been established for the children;
McCallister Education Fund c/o 245 Dorchester Road
River Edge , N.J 07661

For all of you who were fortunate enough to get a case settled in front of Mike, do the right thing and make a contribution.

My check is going out today!

Did you read The New York Times today? It would be foolish to limit Medical Malpractice Suits.

Every time I see another state or the Federal Government seeking to impose further limitations on medical malpractice litigation, I simply cringe. Have doctors and the health care lobby really done that great of a job in brainwashing legislators ? The argument that has been put forth by medical professionals is that there is a lot of meritless litigation. Well you could say that about any type of litigation. The facts are that thousands of deaths, disfigurements, brain damage and other life altering injuries are caused by doctor, nursing and hospial malpractice.
To water the system down further would be a"grave injustice" to those individuals who have suffered debilitating conditions caused by medical malpractice.
Hey, if you asked all doctors whether all medical malpractice suits should be abolished, the overwhelming response would be yes! Besides providing just compensation to the victims of medical professionals, medical malpractice lawsuits serve as a type of "checks and balances" on the medical profession.
To further mess with these types of cases would be a disgrace and a mockery of the greatest legal system in the world.

Justice Kibbie Payne; You did the right thing!

In Sourifman vs. Amie Cab Corp, Supreme Court New York County the jury awarded the plaintiff only $8,000 on past pain and suffering and only $5,000 on future pain and suffering for a fractured jaw that had to be reset.
On post-trial motions Justice Kibbie Payne set aside the verdict and ordered a new trial unless defendant would stipulate to $65,000 for past pain and $20,000 for future. While Judge Payne's numbers are still somewhat conservative, he did his best to correct an"injustice" which had occurred.

Your thoughts?

Goldman War Stories; Did you ever have a 15/30 policy turn into $5 million single limit?

On a rainy Sunday night several years ago 6 members of a church were heading home from a weekend retreat in a church owned van from somewhere down south. The driver of the van, a church elder, fell asleep at the wheel and the van veered off the road and struck an embankment.
The injuries were devastating. Loss of an eye, fractured hip with surgery, a below the elbow amputation and a myriad of other injury. We signed the cases up in Cooper Hospital in South Jersey and filed suit in Supreme Kings the next day.
Shortly thereafter, we received a letter from Zurich Insurance Company advising us that the vehicle was insured with a $15,000/$30,000 policy. What a bummer! All we could do was pray for excess coverage or an umbrella policy...not very likely.
Believe it or not, several weeks later "an amended coverage letter" arrived. You guessed it, there was in fact a $5 million single limit policy! Wow, whatta break! I continued to press the case as hard as I could(with renewed vigor)...and one afternoon I received a letter from the carrier asking me to attend a settlement meeting "after work" at a hotel in White Plains. At that point I knew it was all over......... and yes, the rest is history.

Surrogates Court Approval; Funding available.

Over the last six weeks I have received an abundance of calls on behalf of attorneys and clients alike seeking "funding advances" on settled cases awaiting Surrogates Court approval. The short answer is "yes", of course we can provide funding. In lieu of an executed release we'll accept a confirmation from a carrier by letter , from defense counsel or the minutes where the settlement was placed on the record in "open Court". Any of these will suffice.
As we all are very aware each Surrogate Court will have have varying delays in issuing the ultimate decree; Surrogates Queens County and Nassau usually the longest. Delays can be up to one year...I've seen even longer.Yikes!
So if you've settled a case which requires a " death compromise" and you're in need of some funds to tide you over....You've found the right man for the job!

Funding the "bigger deals';Nobody does it better!

One of the areas of funding where a "real void exists" is for deals over a $100,000, at a non-compounding rate. Believe me, not easy to get done.
But hold on....Based on my six years in the funding business, I have developed "investor sources" who can get these deals done quickly and efficently.
So whether it's a refinance, a big settled case with a delay, surgery funding or whatever....Contact me....I won't rest until the deal is funded!

Come on New York Law Journal; Give the Personal Injury bar a little more attention.!

I've basically read the "Law Journal" every day, religiously since 1984. An obvious must read! While the publication is top-notch, I almost feel like there is a void relative to breaking personal injury verdicts and significant settlements.
More attention is given to landlord-tenant, disciplinary proceedings, decisions of interest and corporate stuff. Verdicts and settlements are mired somewhere inside!
What would really be great is a section for "breaking front page stories; "Plaintiff's verdict of $9 million on a rollover case" right on the front page would be of great interest and informative as well.......What do you think?

Family Feud; The Wilpon's meet the Madoffs...The Sequel.

So how many of you read the article in the New York Times today about the Wilpon's and Bernie Madoff . The angle which adds some interest to the story is the Mets. sports and "big business " all mixed together . Are we supposed to be shocked because Fred Wilpon and Saul Katz conducted business and socialized with Bernie Madoff? I'm not for one.
But to me it seems absurd that Madoff would give Wilpon and Company better returns, more profit and further that he supposedly tipped them off to trouble...Why? Because they gave him a"Madoff Mets Jacket" ? Not likely. In fact , there was a waiting list of less sophisticated investors lined up to give Madoff their life savings...
So what's really going on here? Your thoughts....

At the end of the day will it cost the Wilpon's the Mets franchise? Remember, if you play with fire you can actually get burned!

Yes it's time for another installment of Goldman War Stories; Did you ever seize a plane to satisfy an arbitration award?

Several years ago we had an aviation case in Federal Court against El Al Airlines. After completing discovery we were referred to binding arbitration. We litigated the matter and we received an award in the plaintiff's favor. Thereafter the award was served without objection.
Well, no payment was received. Followup letters by certified mail were sent ; still no payment. We then converted the award to a judgment, filed it and served it. Still no payment. We finally had enough!
On a Friday afternoon when an El Al Flight was scheduled to land at JFK, we alerted the Federal Marshal's Office who were prepared to seize the plane[a jumbo jet]. A phone call was made to El Al...and miraculously within an hour a full settlment check was delivered!
Moral of the Story: Do whatever you have to do to make payroll!