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May 05, 2021 | New York Law Journal

The News From Rochester

In this edition of his Construction Accident Litigation column, Brian J. Shoot focuses on developments "upstate" concerning Labor Law §§240 and 241(6).
13 minute read
May 04, 2021 | New York Law Journal

Realty Law Digest

Scott E. Mollen, discusses "Haberman v. Zoning Bd. of Appeals of the City of Long Beach," where a wrongful revocation of a building permit was a held as a breach of defendant City of Long Beach's contract.
18 minute read
February 04, 2021 | New York Law Journal

The Still Unsolved 'Klein'/'Blake' Mystery

In this edition of his Construction Accident Litigation column, Brian J. Shoot once again addresses a significant hole in Labor Law jurisprudence, specifically the "sole proximate cause" defense, by reason of two ostensibly conflicting Court of Appeals decisions, 'Klein v. City of New York' and 'Blake v. Neighborhood Hous. Serv. of New York City', which have never been harmonized
6 minute read
November 05, 2020 | New York Law Journal

'O'Brien' Revisited, and Uncertainty Concerning the 'Sole Proximate Cause' Defense

In his Construction Accident Litigation column, Brian J. Shoot revisits a 2017 decision that resulted in two immediate and almost polar opposite reactions from the bar, and examines how that holding has factored into litigation in the past three years. He also reviews two recent and contradictory rulings from the Fourth Department concerning the "sole proximate cause" defense.
14 minute read
September 08, 2020 | New York Law Journal

Legal Malpractice In the Time of Plague

How will the COVID pandemic change our judicial systems, and will there be any effect on legal malpractice?
12 minute read
August 06, 2020 | New York Law Journal

'Sole Proximate Cause' Meets 'Everyone Was Doing It'

In his column on Construction Accident Litigation, Brian J. Shoot discusses the recent 'Biaca-Neto' case, where this was the principal issue.
11 minute read
May 06, 2020 | New York Law Journal

The Top 10 Labor Law Rulings of the Past 10 (Really, 11) Years: Part II

In his Construction Accident Litigation, Brian J. Shoot analyzes the remainder of his "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty.
28 minute read
February 06, 2020 | New York Law Journal

The Top 10 Labor Law Rulings of the Past 10 (Really, 11) Years: Part I

In his Construction Accident Litigation column, Brian J. Shoot presents a "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty, and, especially in one instance, the controversy that afterwards ensued.
19 minute read
November 22, 2019 | New York Law Journal

The Basics of Legal Malpractice

This article catalogues the four elements and sub-elements of legal malpractice as an attempted guide to the analysis of whether any particular legal outcome is legal malpractice and whether it can be successfully prosecuted.
10 minute read
October 31, 2019 | New York Law Journal

The 'General'/'Concrete' Continuum Governing Liability Under Labor Law §241(6)

In his Construction Accident Litigation column, Brian J. Shoot writes: When is a regulation sufficiently "concrete" to serve as a predicate for liability under §241(6) of the Labor Law? While the answer is in some instances clear, it is sometimes in the eye of the beholder.
14 minute read

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