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August 01, 2014 |

Repair or Routine Maintenance; Sole Proximate Cause Defense

In his Construction Accident Litigation, Brian J. Shoot discusses distinguishing a "repair," which is expressly covered by the so-called scaffold statute, from "routine maintenance," which is not; and the "sole proximate cause" defense, which will bar a plaintiff-worker's recovery when there was no statutory violation and the accident was solely caused by the plaintiff.
10 minute read
July 11, 2014 |

LIPA Ruled Not Immune From Sandy Liability

About 170 plaintiffs alleged their homes caught fire as a result of the companies' decision not to shut off power on the Rockaway Peninsula in advance of the Oct. 29, 2012 storm. In complaints, they said fires broke out when floodwaters came into contact with electrical systems.
2 minute read
June 10, 2014 |

Circuit Upholds Limits on Legal Fees in WTC Settlement

Southern District Judge Alvin Hellerstein's decision denying plaintiffs' counsel from recovering a contingency attorney fee on a $55 million bonus payment triggered by settlements of some 10,000 lawsuits over exposure to toxic dust at Ground Zero was upheld by a federal appeals court Monday.
6 minute read
June 10, 2014 |

Circuit Upholds Limits on Legal Fees in WTC Settlement

Southern District Judge Alvin Hellerstein's decision denying plaintiffs' counsel from recovering a contingency attorney fee on a $55 million bonus payment triggered by settlements of some 10,000 lawsuits over exposure to toxic dust at Ground Zero was upheld by a federal appeals court Monday.
6 minute read
June 10, 2014 |

Circuit Limits Legal Fees in WTC Settlement

Southern District Judge Alvin Hellerstein's decision denying plaintiffs' counsel from recovering a contingency attorney fee on a $55 million bonus payment triggered by settlements of some 10,000 lawsuits over exposure to toxic dust at Ground Zero was upheld by a federal appeals court Monday.
6 minute read
June 06, 2014 |

Bicyclist's Injury Suit Against City Reinstated

New York City can be held liable for the actions of a Department of Transportation supervisor who allowed a bicyclist to enter a damaged stretch of road in Central Park, where she fell and was hurt, the state Court of Appeals ruled Thursday.
5 minute read
May 09, 2014 |

Falling Object Liability

In his Construction Accident Litigation column, Brian J. Shoot writes: Per a Court of Appeals decision rendered earlier this year, Labor Law §240(1) applies only if the plaintiff demonstrates that the object that fell was being hoisted or secured at the time it fell, or "required securing for the purposes of the undertaking." The first option is simple enough. But when does an object "require securing"? For that matter, what is the pertinent "undertaking"?
13 minute read
February 07, 2014 |

Panel Finds More Time for Suing Chiropractors

The statute of limitations for suing a chiropractor for malpractice is three years, not the shortened two-and-a-half year period that applies to medical, dental and podiatric malpractice, a unanimous First Department panel ruled Thursday.
2 minute read
February 07, 2014 |

Labor Law §240 Versus §241(6): The Summary Judgment Issue

In his Construction Accident Litigation column, Brian J. Shoot, a partner with Sullivan Papain Block McGrath & Cannavo, writes: Hardly a week passes in which the Appellate Division does not approve the grant of summary judgment to the plaintiff under Labor Law the so-called "scaffold statute." But can summary judgment ever be appropriately awarded to the plaintiff pursuant to Labor Law §241(6)? The arguments, and authorities, go both ways.
13 minute read
January 10, 2014 |

Suits and Deals

Tenant Accepts $6M To Settle Suit Over Rodent-Borne Viral Infection
5 minute read

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