One of the most interesting trial rules of Judge Kevin Dowd is that Kevin Dowd considers a trial on damages in a civil case to be a continuous thing.
In the ex parte trial on damages and in his decision as to that ex parte trial, Kevin Dowd stated the following:
(1) Judge Kevin Dowd ended the trial on April 7, 2015, but allowed post-trial evidentiary submissions, accepted post-trial evidentiary submissions on May 8, 2015 and relied upon them in his trial decision;
(2) Judge Kevin Dowd gave the plaintiffs "leave" for continued jurisdiction of the court for future "applications" for more damages, after the trial on damages has ended;
(3) Judge Kevin Dowd gave the plaintiffs "leave" to apply for damages not in another trial, but through a motion.
None of these "rules" comply with existing New York state law that requires that the issue of damages be tried, and tried in one single trial.
Judge Dowd apparently is involved in legal innovation - he created the concept of unending jurisdiction of the court on the issue of money damages where the only damages claimed are legal fees of politically connected attorneys, such as the son of a judge Richard Harlem (also the landlord to New York Senator James Seward).
So, litigants and counsel, beware of this rule - especially if you feel and have evidence, like I do, that Judge Dowd dislikes you or your client. In my case, Judge Dowd "dislikes" me to the point of not believing medical diagnosis of my injury, holding a trial despite of medical leave documents submitted to the court, in my presence as attorney of record and attempting to punish me for not appearing at trial while injured and on a legitimate medical leave.
Publication of trial rules of Judge Kevin Dowd will continue and may in the future be published in a separate book.
Stay tuned.
No comments:
Post a Comment