Fagelbaum & Heller LLP

Litigation

State Court System Overview
Each of the 50 states has its own court system. Each state system has three levels: the lowest level (generally called trial court), an appellate level (generally called a court of appeal), and the highest level (generally called a supreme court). More...
Eyewitness Identification Evidence
While very dramatic at trial, eyewitness evidence can be unreliable. Numerous scientific studies have been conducted on the accuracy of eyewitness identification. Some social scientists estimate that erroneous eyewitness identification is responsible for a large percentage of wrongful convictions. However, jurors tend to believe that eyewitness testimony is accurate. This article discusses the factors that affect the accuracy of eyewitness identification and what the courts are doing to reduce the number of wrongful convictions. More...
Alternative Dispute Resolution/Mediation in Appellate Courts
In the 1970s settlement conferences were used in the appellate courts in response to the increasing number of appeals that were being filed. Settlement conferences had mixed results. In the 1990s, appellate courts began using mediation conferences to encourage the settlement of civil cases on appeal. The underlying assumption is that all cases do not need full appellate review by the appellate court. More...
Family Abuse Protective Orders
Protective orders are orders issued by a judge to protect a victim of domestic abuse, stalking, harassment, or intimidation. A protective order can only be used against someone related to the victim or with whom the victim has had an intimate relationship. This would include a spouse, sibling, parent, or boyfriend/girlfriend. More...
A High-Tech Courtroom
The Commercial Division of the Supreme Court of the State of New York is a high-tech courtroom. The courtroom has the latest technology, which helps cases proceed in an efficient manner. There are flat screen computer monitors in the jury box and on the witness stand. The judge's bench and the counsel tables also have flat screen computer monitors and docking stations that enable the use of computers during the trial. The podium is electronic and allows the electronic presentation of evidence through a wireless communicator or by DC-ROM. More...

Areas of Practice

  • Complex Business Litigation
  • Antitrust and Trade Regulation
  • Arbitration and Alternative Dispute Resolution procedures
  • Business Law
  • Civil Trial and Appellate Practice
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