Skills Workshop: Damages

In this course students will examine the laws pertaining to the recovery of damages in various causes of action in the New York State and Federal Courts. In addition to learning the law, students will apply the legal principles through in-class and homework assignments to several case fact patterns. Students will be challenged to identify and utilize the procedural and substantive tools that can aid in effectively establishing, as well as refuting, damage claims. Through the case fact patterns students will apply their knowledge of the CPLR, rules of Evidence, choice of law clauses, deposition techniques as well as trial advocacy and legal writing skills. The case fact patterns will encompass a multitude of legal disciplines; including cases involving disputes from business contracts, medical malpractice cases, property loss, civil-rights claims, class-action, personal injury and product liability cases. The class will discuss the variables beyond merely legal statutes that can affect the size of a damages judgment; including policy issues, punitive damages, human and social factors, collateral sources and finally, tort-reform. Students will be taught the practical skills attorneys use from both the plaintiff and defense perspectives in order to evaluate the damages of cases. Students will learn to apply calculations based on life expectancy, work-life expectancy charts, the future value of money, the importance of venue, client characteristics and qualities, mitigation of damages, structured settlements, the use of expert witness damage witnesses and judicial review of jury awards.