Background
Walker Smith, James was born on May 11, 1957 in Staten Island, New York, United States.
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Author: "Hospital Liability," New York Law Journal Seminars Press, 1985-1995. "ERISA Preemption: No Longer a Sure Thing for HMOs," Medical Malpractice Law & Strategy, Leader Publications, March 1997. "Certain State Laws Held Not Pre-empted by Medical Device Amendments (MDA)," New York Practice Guide: Negligence, Matthew Bender, November 1996.
"The Second Department Limits Damages for AIDS Phobia to Six Months," New York Practice Guide: Negligence, Matthew Bender, December 1996. "United States. Supreme Court Looks at Compensatory Damages," New York Practice Guide: Negligence, Matthew Bender, October 1996. "The Supreme Court and Punitive Damages," New York Practice Guide: Negligence, Matthew Bender, September 1996.
"Court of Appeals Upholds Distinction Between Strict Products Liability and Breach of Implied Warranty in a Design Defect Case," New York Practice Guide: Negligence, Matthew Bender, July 1996. "Class Actions in Mass Tort Litigation: Balancing Basic Fairness and Judicial Economy," New York Practice Guide: Negligence, Matthew Bender, September 1995. "Liability Concerns Arising out of Care for Psychiatric Patients," New York Practice Guide: Negligence, Matthew Bender, June 1995.
"Fear-of-Disease Claims: Are They Compensable," Medical Malpractice Law and Strategy, February, 1995. "EMTALA: Hospital Liability for Admissions and Discharges," New York Negligence Reporter, February, 1994. Co-Author: "Litigating Asbestos Claims in the 1990s: Litigating The Manufacturers Case," Federal Publications Inc., 1992.
"Hospital Corporate Liability," New York Law Journal, p.1, 1983. Note, "State Taxation of Federal Instrumentalities: Application to Federal Loan and Equity Programs," IX Fordham Urban Law Journal 1089, 1981.
James Walker Smith
Edit ProfileEducation
Fordham University (Bachelor of Arts, magna cum laude, 1979. Juris Doctor, 1982); New York University (Master of Laws, 1988).
Career
Worked at Smith Abbot, Limited liability partnership Admitted to the bar, 1983, New York and United States. District Court, Southern and Eastern Districts of New New York
1984, New Jersey and United States. District Court, District of New Jersey.
1993, Pennsylvania; 1994, United States.
Supreme Court.
Business Editor, Fordham Urban Law Journal, 1981-1982. Contributing Editor, Medical Malpractice Law & Strategy. Editor-in-Chief, New York Negligence Reporter (Matthew Bender).
Contributing Editor, Journal of Urological Nursing, 1984.
Author: "Hospital Liability," New York Law Journal Seminars Press, 1985-1995. "Employee Retirement Income Security Act Preemption: Number Longer a Sure Thing for HMOs," Medical Malpractice Law & Strategy, Leader Publications, March 1997.
"Certain State Laws Held Not Pre-empted by Medical Device Amendments (MDA)," New York Practice Guide: Negligence, Matthew Bender, November 1996. "The Second Department Limits Damages for Acquired Immune Deficiency Syndrome Phobia to Six Months," New York Practice Guide: Negligence, Matthew Bender, December 1996.
"United States. Supreme Court Looks at Compensatory Damages," New York Practice Guide: Negligence, Matthew Bender, October 1996.
"The Supreme Court and Punitive Damages," New York Practice Guide: Negligence, Matthew Bender, September 1996. "Court of Appeals Upholds Distinction Between Strict Products Liability and Breach of Implied Warranty in a Design Defect Case," New York Practice Guide: Negligence, Matthew Bender, July 1996. "Class Actions in Mass Tort Litigation: Balancing Basic Fairness and Judicial Economy," New York Practice Guide: Negligence, Matthew Bender, September 1995.
"Liability Concerns Arising out of Care for Psychiatric Patients," New York Practice Guide: Negligence, Matthew Bender, June 1995.
"Fear-of-Disease Claims: Are They Compensable," Medical Malpractice Law and Strategy, February, 1995. "EMTALA: Hospital Liability for Admissions and Discharges," New York Negligence Reporter, February, 1994.
Company-Author: "Litigating Asbestos Claims in the 1990s: Litigating The Manufacturers Case," Federal Publications Incorporated., 1992. "Hospital Corporate Liability," New York Law Journal, p.1, 1983.
Note, "State Taxation of Federal Instrumentalities: Application to Federal Loan and Equity Programs," IX Fordham Urban Law Journal 1089, 1981.
Lecturer: Reinsurance Association of America, "Toxic Torts - An Update," May, 1994. New York County Lawyers Association, "Direct and Cross Examination of a Doctor - Defense Respective," January, 1994. Fordham University School of Law, Hospital Liability Seminar, 1989-1993.
Hospital Liability Seminar, Law Journal Seminars-Press, 1990.
Adjunct Professor, Saint John"s University, 1984. Mediator, United States.D.C., South.D.N.Y., Mandatory Mediation Program, 1992-1996.
Arbitrator, New York City Civil Court, 1987-1989. Member: The Association of the Bar of the City of New York (Member: Committee on State Courts of Superior Jurisdiction, 1994-1996.
Committee on Products Liability, 1996).
New York County Lawyers Association (Member, Tort Law Committee, 1993-1994).
Achievements
Works
Other Work
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Author: "Hospital Liability," New York Law Journal Seminars Press, 1985-1995. "ERISA Preemption: No Longer a Sure Thing for HMOs," Medical Malpractice Law & Strategy, Leader Publications, March 1997. "Certain State Laws Held Not Pre-empted by Medical Device Amendments (MDA)," New York Practice Guide: Negligence, Matthew Bender, November 1996.
"The Second Department Limits Damages for AIDS Phobia to Six Months," New York Practice Guide: Negligence, Matthew Bender, December 1996. "United States. Supreme Court Looks at Compensatory Damages," New York Practice Guide: Negligence, Matthew Bender, October 1996. "The Supreme Court and Punitive Damages," New York Practice Guide: Negligence, Matthew Bender, September 1996.
"Court of Appeals Upholds Distinction Between Strict Products Liability and Breach of Implied Warranty in a Design Defect Case," New York Practice Guide: Negligence, Matthew Bender, July 1996. "Class Actions in Mass Tort Litigation: Balancing Basic Fairness and Judicial Economy," New York Practice Guide: Negligence, Matthew Bender, September 1995. "Liability Concerns Arising out of Care for Psychiatric Patients," New York Practice Guide: Negligence, Matthew Bender, June 1995.
"Fear-of-Disease Claims: Are They Compensable," Medical Malpractice Law and Strategy, February, 1995. "EMTALA: Hospital Liability for Admissions and Discharges," New York Negligence Reporter, February, 1994. Co-Author: "Litigating Asbestos Claims in the 1990s: Litigating The Manufacturers Case," Federal Publications Inc., 1992.
"Hospital Corporate Liability," New York Law Journal, p.1, 1983. Note, "State Taxation of Federal Instrumentalities: Application to Federal Loan and Equity Programs," IX Fordham Urban Law Journal 1089, 1981.
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Membership
Member: The Association of the Bar of the City of New York (Member: Committee on State Courts of Superior Jurisdiction, 1994-1996. Committee on Products Liability, 1996). New York County Lawyers Association (Member, Tort Law Committee, 1993-1994).
