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June 03, 2024 | New York Law Journal

Recent Appellate Decisions on Discovery

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
12 minute read
April 29, 2024 | New York Law Journal

What a Recent Labor Law §240(1) Decision Teaches Us About Stare Decisis

This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
12 minute read
February 07, 2024 | National Law Journal

3rd Circuit Rules Refusal to Wear Mask Isn't Protected by First Amendment

"Unlike burning a flag, wearing a medical mask—or refusing to do so—is not the type of thing someone typically does as 'a form of symbolism,'" Third Circuit Judge Thomas L. Ambro said.
6 minute read
January 24, 2024 | New York Law Journal

Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
8 minute read
October 25, 2023 | New York Law Journal

The Intersection of New York's Public Utility Use Variance Standard and the Climate Leadership and Community Protection Act

A look at the history of the Public Utility Variance Standard and look to how the courts may apply it now that the state has mandated an aggressive response to climate change through the Climate Leadership and Community Protection Act and related laws and regulations.
31 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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October 05, 2023 | Law.com

Munger Tolles, Hueston Hennigan, Join Maui Wildfire Cases Growing Defense Teams

Hawaiian Electric Co., which has been named in more than 35 lawsuits, has brought in a team from Munger, Tolles & Olson spearheaded by partner Brad Brian. The state of Hawaii, another defendant, has turned to John Hueston of Hueston Hennigan.
5 minute read
September 25, 2023 | New York Law Journal

Applying 'Runner' and 'Wilinski' Principles Under Labor Law 240(1) to Trench Cave-Ins

Historically, cases involving the collapse of in ground trenches have been difficult as earlier judicial decisions tended to exclude them from analysis under Labor Law §240(1). However, the 'Rivas' case gave this issue a fresh and incisive examination with a very different result.
11 minute read
August 21, 2023 | New York Law Journal

Court Resolves Issues of Insurance Law and Cases Involving Insurers

During this past term, the Court of Appeals decided a number of important insurance law questions and cases involving insurance carriers that established precedents for insurers and for other parties. The opinions of the court in the four cases discussed here were written by different judges.
12 minute read
July 18, 2023 | New York Law Journal

The Expansion of Prior Written Notice Protection

The protection afforded to municipalities by prior written notice statutes continues to grow. It is clear from recent court rulings, discussed in this article, that expansion of this governmental immunity is the judicial trend.
9 minute read
April 10, 2023 | Legaltech News

Most Innovative Legal Department of the Year: Consolidated Edison Company of New York, Inc.

"In-house legal departments have historically and will continue to lead the way in driving legal innovation and serving as an example for the industry," says Tayo Kurzman Kinnane, Associate General Counsel, Law Department Practice Operations at Consolidated Edison Company of New York, Inc.
7 minute read

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