 Edward L. Birnbaum
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Address: |
Herzfeld & Rubin, P.C.
40 Wall Street, New York, NY 10005 |
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Phone: |
(212 ) 471-8540 (Direct
Dial) |
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Fax: |
(212) 344-3333 |
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E-mail: |
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Business Card:
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Edward L. Birnbaum, a prolific author and frequent
lecturer on litigation strategy, trial tactics and
techniques, oversees the general litigation of the firm.
He’s an active trial attorney having served as lead trial
counsel in more than sixty (60) federal and state court
trials.
He was Chairman of the New York State Bar Association
Committee on the Supreme Court, Chairman of the New York
State Bar Association Action Unit #6 and a Member of the
House of Delegates to the New York State bar Association and
Committee on Judicial Campaign Conduct. He
has served as an arbitrator for the American Arbitration
Association, the United States District Court of the Eastern
District of New York and the Small Claims Division of the
Civil Court of the City of New York. He has been an adjunct
faculty member of New York University School of Continuing
Education teaching a course on the Civil Practice Law and
Rules.
He is a fellow of the Roscoe Pound Institute and a fellow of
the New York State Bar Foundation. He is a Research
Fellow of the American Biographical Institute.
He has received the highest rating from Martindale –
Hubbell. He is the subject of biography in Who’s Who in
American Law; Who’s Who in America; Who’s Who in The World;
Who’s Who of Contemporary Achievement for Outstanding
Contributions to Society; Sterlings Who’s Who; International
Who’s Who of Professionals; International Directory of
Distinguished Leadership; International Leaders in
Achievement, Men of Achievement; Community Leaders of
America; Dictionary of International Biography; One Thousand
Great Americans; 2000 Outstanding Intellectuals of the 21st
Century – 2nd Edition; Eminent People of Today;
Great Minds of The 21st Century.
He was selected as a 2006 and 2007 New York Super Lawyer by
a blue ribbon panel of lawyers.
His published works include:
"Annual Update on Precedents and Statutes for Personal
Injury Litigators", N.Y. State Academy of Trial Lawyers,
10/13/06
Co-author of “New York Trial Notebook,” James
Publishing, Inc., 2005
Co-author of Chapter “The Medical Chart as Evidence”
in the Jones and Bartlett publication The Medical Record
As A Forensic Resource edited by Campion Quinn, M.D.,
2004
Accident Reconstruction and the Seat Belt Defense
Litigating the complex Motor Vehicle Case, Co-Author,
Practicing Law Institute, 1987
Outlining Medical Proof in an Opening Statement, Medicine
and Medical Evidence in Personal Injury Cases,
Practicing Law Institute, 1986
Discovery in Defense of Products Liability Trials,
Discovery in Medical Malpractice, Products Liability and
Personal Injury Case, Practicing Law Institute, 1986
Discovery in Products Liability Actions – A Defendant’s
Perspective, Co-Author, New York State Trial Lawyers
Association, 1985
Trial Practice Under New York Evidentiary
Laws-Privileges, Co-Author, New York State Trial Lawyers
Association, 1985
Unique Evidentiary Issues in Products Liability Trials,
Complex Products Liability: Proving and Defending the
Products Liability Case, New York State Bar Association,
1985
Hazardous Warnings: A New Perspective in Products
Liability, Co-Author, New York State Trial Lawyers
Association, 1984
Use of Experts in a Products Liability Lawsuit,
Co-Author, Products Liability Litigation, 1983
Defendant’s use of Experts, Products Liability in the
1990’s, Co-Author, Litigation, Legislation and Practical
Engineering, 1983
Defendant’s Trial Tactics, Products Liability, 1978
Representative Cases:
Novick v. Godec (Supreme Kings – Justice Weston
Patterson 2006)
Tranchina v. Little Sisters (Supreme Kings - Justice
Saitta 2005)
Bevacqua v. HMS Host (U.S.D.C., S.D. - Judge Miriam
Cedarbaum 2005)
Lim v. Berkey (Supreme Court New York County –
Justice Marilyn Shaffer 2002)
Sullivan v. Ford Motor Co., Prod.Liab.Rep. (CCH) P
15,789 (S.D.N.Y. 2000)
State Farm v. Grund, 243 A.D. 2d 557 (2nd
Dept. 1997)
Pebble Cove Homeowners Assoc. v. Shore Atlantic Dev. Co.,
191 A.D.2d 544 (2nd. Dept. 1993)
Demarco v. Bay Ridge Car World, 169 A.D.2d 808 (2nd.
Dept. 1991)
Hawley Fuel Coalmart, Inc. v. Steag Handel GmbH, 796
F.2d 29 (2nd. Cir. 1986)
McCarthy v. Volkswagen of America, Inc., 55 N.Y. 2d
543 (1982)
Quevedo v. N.Y., 56 NY 2d 150 (1982)
Elkan v. Arredondo, 53 NY 2d 639 (1981)
Caiazzo v. Volkswagenwerk A.G., 647 F.2d 241 (2nd.
Cir. 1981)
He has taught seminars as follows:
Adjunct Faculty New York University School of Continuing
Education 1987-1991
New York State Academy of Trial Lawyers – Product Liability
Update - 10/06
Lorman Education Lecture Series, “Discovery Skills for Legal
Staff in New York”- 2005
National Academy of Continuing Legal Education, “Voir Dire:
How to Win Friends and Influence Jurors” - 2004
N.Y. State Bar Association Lecture Products Liability –
Kuhmo Tire – 10/29/99
Practicing Law Institute Lecture, “First Annual Civil
Litigation Institute: Structuring and Developing the Winning
Case” – 3/14/97
New York Bar Association Products Liability Litigation –
Post Daubert: A “Nuts and Bolts” Analysis in a New Era –
5/6/94
The Association of Trial Lawyers of the City of New York,
“Junk Science in the Courtroom” – 11/6/93
New York State Trial Lawyers – “Crashworthiness/Accident
Reconstruction”
Practicing Law Institute Litigating the Complex Motor
Vehicle Case – Accident Reconstruction and the Seatbelt
Defense – 3/26/87
Nassau Academy of Law – “Trial of a Slip and Fall Case” –
4/10 & 4/17, 1986
American Bar Association “Products Liability in the 1980’s”
– 5/4 & 5/5, 1983
Federal Publications Products Liability – 5/2 - 5/5/1978
He is the Chairperson of The Village of Saddle Rock Board of
Appeals and President of the Saddle Rock Civic Association.
He was born in Brooklyn, New York. He received a LL.B. from
New York University School of Law in 1964; a Bachelor of
Arts Degree from Queens College of the City of New York in
1961. He was admitted to practice in the State of New York
in 1964. He was also admitted to practice in the U.S.
District Court, Eastern District of New York in 1967; U.S.
District Court, Southern District of New York in 1967; U.S.
Court of Appeals, 2nd Circuit in 1970; U.S. Supreme Court in
1971; and the U.S. District Court, Western District of New
York in 1983.
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