If there is a trial, it remains to be seen what, if anything, plaintiff purports as the violation of §240 that was a proximate cause of his accident.
Prior to 2019, courts around the country consistently held that e-commerce platforms were not liable for injuries caused by products sold on their platforms, finding them to be mere facilitators of third-party transactions. More recently, however, their potential liability is less clear. This article examines this shift in order to provide guidance as to how companies may be able to limit future potential liability.
When viewed in its proper context, tolling prejudgment interest is contrary to the plain language of CPLR 5001(a), legislative intent and Court of Appeals precedent.
This article provides a discussion of Justice Amy Coney Barrett’s recently-authored opinion in ‘Fish and Wildlife Service v. Sierra Club’, in which the Supreme Court has construed a key privilege in FOIA jurisprudence in such a fashion as to likely put a serious damper on the ability of requesting parties to obtain record material.