All Articles tagged brain damage cases

• New York Appeals
  September 04, 2024 EDT
  TEN YEARS LATER: FURTHER SUBSTANTIAL DEVIATION BY APPELLATE COURTS IN APPLYING THE “DEVIATES MATERIALLY” STANDARD OF REVIEW
  Richard J. MontesKathryn M. BeerAlexis Sarnicola

  This Article examines increases in pain and suffering awards in burn, brain damage, and asbestos cases and the inconsistency with which the "deviates materially" standard is applied under CPLR 5501(c).