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David A. Shimkin

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New York
16th Floor, 45 Broadway
New York, NY 10006
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(212) 509-9400
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(800) 437-7040
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(866) 591-9123
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    David A. Shimkin

    David A. Shimkin is a member in the Commercial Litigation Group.

    David’s practice includes the prosecution and defense of complex commercial matters and product liability cases. David also focuses his practice on the defense of contractual, toxic tort, employment, defamation, and catastrophic personal injury lawsuits for construction, real estate and hospitality clients.  He has briefed more than 40 appeals in the state and federal courts, and has tried numerous civil and criminal cases.

    David is an adjunct professor at New York Law School, where he teaches the Negotiating, Counseling, and Interviewing course.

    David was a John Kluge Scholar as an undergraduate at Columbia University.  He earned his law degree from Cornell Law School, where he was a general editor of the Cornell Journal of Law and Public Policy, and received a certificate of specialization in Public Law.

    Dedicated to community service, David sits on the board of a major nonprofit organization, and has been appointed as a guardian ad litem for mentally disabled persons numerous times by the New York County Surrogate.

    David was chosen as a 2013 Rising Star by the New York Law Journal. The panel reviewed more than 200 nominations of young lawyers who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law as well as to their communities.  David was among the 44 attorneys with the highest ratings.

    Additional Practices

    News

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    Publications


    The Continuing Viability of Assumption of Risk Defense [New York Law Journal]

    April 15, 2013

    David Shimkin and Paul Zola co-authored an article that appeared in the April 15, 2013 edition of the New York Law Journal. The article, titled, "The Continuing Viability of the Assumption of Risk Defense," David and Paul discusses recent developments in sports liability case law. Legal intern Gregory Knight assisted in the preparation of the article.

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    Pitcher Struck by Batted Ball Assumed Risk of Injury [Commercial Litigation Group White Paper]

    July 21, 2012

    Pitcher Struck by Batted Ball Assumed Risk of Injury - Commercial Litigation Group White Paper - The article discusses Products Liability in the realm of NCAA baseball, specifically the surge in cases brought against bat manufacturers since the NCAA permitted the use of aluminum bats in 1974. David Shimkin and Paul Zola address the doctrine of "assumption of risk" amidst the increased danger of aluminum bats.

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    Evidence of Immigration Status May Be Precluded [New York Law Journal]

    May 21, 2012

    Evidence of Immigration Status May Be Precluded - New York Law Journal - With his dissent in Angamarca v. New York City Partnership Housing Development Fund, Inc., et al., Justice Peter Tom of the Appellate Division, First Department took issue with the majority’s upholding of the preclusion of evidence of an undocumented alien’s plans to return to his country after trial. Plaintiffs are authorized under CPLR § 4111 to seek an itemized verdict of special damages that may include an award for future medical expenses.

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    The Effect of Co-workers’ Actions in Scaffold Law Cases [The Defense Association of New York]

    December 01, 2007

    The Effect of Co-workers’ Actions in Scaffold Law Cases - The Defense Association of New York - The superseding actions of a third party have long been recognized in negligence cases as breaking the link between a defendant’s conduct and a plaintiff’s injury. The defense is also available when defending Labor Law § 240(1) claims, and Labor Law attorneys should keep this in mind.

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    Events & Seminars

    Cozen O'Connor's 2013 New York Litigation Seminar New York, NY 02/12/2013

    Practice Areas

    Construction

    Products Liability

    Insurance Coverage & Claims Litigation

    Appellate

    Education

    • Cornell Law School, J.D., 1997
    • Columbia University, B.A., 1993

    Bar Admissions

    • California
    • New Jersey
    • New York

    Court Admissions

    • U.S. Court of Appeals for the Second Circuit
    • U.S. District Court -- Eastern District of New York
    • U.S. District Court -- Southern District of New York

    Affiliations

    • Hispanic National Bar Association
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