New York Law Journal | Analysis
By Brian J. Shoot | August 4, 2022
Appellate cases resolved with a 3 to 2 vote are decisions where people can reasonably differ. Such rulings thus display the fault lines of the law. In this column, Brian J. Shoot takes a look at some recent 3 to 2 rulings.
By Amanda Bronstad | June 2, 2022
Plaintiffs lawyers at Baum, Hedlund, Aristei & Goldman filed a motion to coordinate more than 30 lawsuits over Merck's Gardasil vaccine but said there could be more, citing 39 claims that went through the Vaccine Court claims process and 52 others that are pending. Michael Baum, of Baum Hedlund, called Merck's criticism a "false straw man argument."
New York Law Journal | Analysis
By George M. Heymann | May 31, 2022
The number of new cases in this area of law is constant. The cases discussed herein are representative highlights of some of the recent opinions regarding litigation of Labor Law §240(1) claims by workers injured in the performance of their jobs where "elevation" and "force of gravity" provide added risks to their assigned tasks.
By ALM Staff | May 19, 2022
Plaintiff sued to recover for personal injuries from multiple concussions sustained while participating in women's lacrosse practice drills as a…
New York Law Journal | Analysis
By Eric M. Kraus and William P. Keefer | May 9, 2022
A recent decision out of the Ninth Circuit has held that the PREP Act does not provide federal courts jurisdiction over nursing home wrongful death claims. However, "the unique crisis presented by the COVID-19 pandemic, and the lack of clear information, resources, treatment options and guidance from public health authorities that was available at the time, may provide some help to nursing homes defending their care and treatment of residents in their charge."
New York Law Journal | Analysis
By Brian J. Shoot | May 5, 2022
In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses in detail the Court of Appeals' recent 4-3 ruling in 'Toussaint v. Port Auth. of New York and New Jersey', which is important in itself and for what it may portend in other actions involving application of Labor Law §241(6).
By Brian Lee | April 29, 2022
New York's highest court, in a 4-3 split decision, took a narrow view of Section 240 of the Labor Law, which governs elevation risks, reversing a ruling from an appellate panel. The case turned on whether a fall was caused by elevation or by an electric shock.
New York Law Journal | Analysis
By Kevin O'Brien | April 26, 2022
The tax treatment of personal injury settlements and verdicts is widely misunderstood, but the rule is actually simple.
By Brian Lee | April 12, 2022
More than 10,000 cases were filed throughout New York, but thousands of others are not being served because they can't find a lawyer willing to take on their cases, advocates say. A legislative effort has begun to establish a fund to help these victims have their day in court.
By Michael A. Mora | April 7, 2022
The new report included trends, such as the litigation risks associated with environmental, social, and governance issues; the rise of the plaintiff bar; and upcoming multidistrict litigation bellwether trials that could cause a ripple effect in the multibillion-dollar tobacco industry.
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