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September 24, 2015 |

Verdicts & Settlements Hall of Fame

VerdictSearch, an affiliate of the New York Law Journal, is pleased to announce the honorees in their second New York's Verdicts & Settlements Hall of Fame. The practice area focus for this year's Hall of Fame honors is Motor Vehicle.
10 minute read
August 19, 2015 |

Getting In at the Ground Level: When Is a Risk Elevation-Related?

In his Construction Accident Litigation column, Brian J. Shoot writes: The plaintiff is engaged in what anyone would call construction work when she falls into an uncovered opening while walking on the ground level of the construction site. Does the fact that the opening is at ground level, perhaps with a basement or sub-basement immediately below, mean that it is not an elevation-related risk? Does it matter what kind of an opening it was? Some comments in a recent Court of Appeals ruling raise the issue anew.
12 minute read
May 22, 2015 |

Split Panel Upholds Ruling in Fee-Sharing Dispute

A Mnhattan appeals court narrowly upheld claims by two lawyers against a third in a fee-sharing dispute, ruling the pair was entitled to 60 percent of the $2.6 million of the attorney fees in a personal injury case.
5 minute read
May 22, 2015 | Law.com

Split Panel Upholds Ruling in Fee-Sharing Dispute

A Mnhattan appeals court narrowly upheld claims by two lawyers against a third in a fee-sharing dispute, ruling the pair was entitled to 60 percent of the $2.6 million of the attorney fees in a personal injury case.
5 minute read
May 08, 2015 |

Scaffold Law: Court of Appeals Giveth—and Taketh Away

In his Construction Accident Litigation column, Brian J. Shoot writes: On April 2, the Court of Appeals rendered two rulings that related to Labor Law §240[1], one unanimously deeming the statute applicable; in the other, a non-unanimous court deemed the statute inapplicable. As is almost invariably the case with Court of Appeals decisions concerning the oft-litigated "scaffold law," each ruling forces us to consider how it will impact future dispositions.
11 minute read
April 09, 2015 |

Are the Courts Punishing Legal Malpractice Plaintiffs?

Andrew Lavoott Bluestone writes: Legal malpractice litigation is subjected to controls and limitations not found in other areas of the law. These judge-made controls and limitations make professional claims against attorneys much more difficult than those against any other profession.
10 minute read
April 08, 2015 | Law.com

Are the Courts Punishing Legal Malpractice Plaintiffs?

Andrew Lavoott Bluestone writes: Legal malpractice litigation is subjected to controls and limitations not found in other areas of the law. These judge-made controls and limitations make professional claims against attorneys much more difficult than those against any other profession.
10 minute read
March 06, 2015 |

Panel Declines to Remove City From Firefighter Suit

New York City will remain a defendant in a suit filed on behalf of firefighters who were killed or injured in a 2004 Bronx fire, under a ruling by the First Department.
2 minute read
March 05, 2015 | Law.com

Panel Declines to Remove City From Firefighter Suit

New York City will remain a defendant in a suit filed on behalf of firefighters who were killed or injured in a 2004 Bronx fire, under a ruling by the First Department.
2 minute read
February 13, 2015 |

Labor Law §200: Commonly Invoked But Frequently Misunderstood

In his Construction Accident Litigation column, Brian J. Shoot writes: Many of the injured workers who seek recovery under Sections 240 or 241[6] of the Labor Law also plead violations of Section 200 of that law. Much has been written about the so-called "scaffold statute" and §241[6], which imposes vicarious liability for certain Industrial code violations. Yet there has been comparatively little analysis concerning the even more frequently invoked provisions of Labor Law §200.
13 minute read

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