Trial Practice & Strategy
This section examines practical trial strategy for defending civil cases from jury selection through verdict, with a focus on credibility, proof control, preservation, and risk management. The cases and writings explore how defense counsel position claims for trial, neutralize opposing narratives, manage expert proof, and make strategic decisions that shape the outcome before a jury begins deliberations.
Jury Selection and Voir Dire
Cases and commentary examine juror questioning, challenges for cause, bias, preservation, jury psychology, and the development of themes that allow the defense to identify and address risk before testimony begins.
Openings, Closings, and Case Themes
Analysis focuses on presenting a credible defense narrative, controlling the sequence of proof, responding to emotional arguments, avoiding improper advocacy, and connecting the evidence to a clear verdict framework.
Cross-Examination and Expert Proof
Decisions address impeachment, evidentiary foundations, expert disclosure, medical causation, limits on opinion testimony, credibility disputes, and methods for testing an opposing expert’s assumptions and conclusions.
Evidentiary Rulings and Trial Leverage
The section examines motions in limine, objections, offers of proof, preservation issues, jury instructions, verdict challenges, prejudicial conduct, and strategic rulings that can materially affect settlement and trial exposure.
Recent Trial Practice Decisions & Analysis
-
Trial Strategy DECISion
New York Second Department Sets Aside a Verdict Based on Faulty Verdict Sheet
Read more: New York Second Department Sets Aside a Verdict Based on Faulty Verdict SheetVerdict-sheet error required a new liability trial because the jury never decided scope of employment.
-
Trial Strategy DECISion
New York Medical Malpractice: Record $35.6 Million Pre-Verdict Settlement Reached During Trial
Read more: New York Medical Malpractice: Record $35.6 Million Pre-Verdict Settlement Reached During TrialCase Summary: Pastor v Anthony Policastro, M.D. Outline: (click on links to advance to the sections) A New York medical malpractice action arising from post-trauma treatment at a major hospital resolved during trial, before a jury verdict, with a $35.6 million settlement—the largest reported pre-verdict malpractice settlement…
-
Trial Strategy DECISion
Affordable Care Act Coverage and CPLR 4545: New York Court Opens Door to Offsetting Future Medical Damages
Read more: Affordable Care Act Coverage and CPLR 4545: New York Court Opens Door to Offsetting Future Medical DamagesCase Summary: Liciaga v New York Tr. Auth. Outline: (click on links to advance to the sections) The New York Appellate Division, Second Department recently addressed a question of first impression: whether health insurance available under the Affordable Care Act (ACA) may be considered at a CPLR 4545 collateral…
Personal Injury Defense Resource Center
Personal Injury Defense
Resources
The decisions collected in this category are examined for the governing rule, the facts and evidence that shaped the result, the court’s reasoning, the defense implications, and the practical lessons that can be applied to similar New York personal injury claims.
Open Personal Injury Defense ResourcesNew York case analysis developed for defense attorneys, claims professionals, insurers, TPAs, and risk managers.
Trial Practice & Strategy
How the Cases and Writings Are Examined
The decisions collected in this section are examined for the governing legal rule, the trial context, the evidence that shaped the result, the advocacy choices made by the parties, the court’s reasoning, and the preservation issues affecting review. The accompanying writings translate those decisions into practical guidance concerning jury selection, witness examination, expert proof, evidentiary objections, case themes, trial preparation, settlement leverage, and verdict exposure.
The analysis is developed for defense attorneys, claims professionals, insurers, third-party administrators, and risk managers evaluating New York civil litigation and trial risk.