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Falling Object Liability: ‘For the Purposes of the Undertaking,’ Revisited
Since the Court of Appeals rendered its majority ruling in 'Fabrizi', the court has not had occasion to further explain what it meant by the phrase “secured for the purposes of the undertaking” in falling object cases. The matter has, however, been repeatedly addressed at the Appellate Division level, albeit with varying results. In his Construction Accident Litigation column, Brian J. Shoot discusses the background of and decision in 'Fabrizi', and the Appellate Division’s attempts to apply the decision to other “falling object” cases.Out to Lunch: §240 Rule in Four Departments Is More Nuanced Than Meets the Eye
In his Construction Accident Litigation column, Brian J. Shoot discusses what some view as a split between the First and Second Departments on an issue involving Labor Law §240. He writes that the so-called split is largely in the eye of the beholder and the rule in both departments—indeed, in all four departments—is more nuanced. That the plaintiff was injured while on his or her way to lunch should not of itself be disqualifying in any department in light of the governing Court of Appeals' rulings. However, the situation can change, in any department, when additional facts are present.What We Talk About When We Talk About Legal Malpractice
Clients may be told that another lawyer has committed “legal malpractice.” But, is it “legal malpractice” or merely a departure? What are the reviewers really saying when they talk of legal malpractice? In general, they have correctly determined that another attorney fell below the standard of good practice. That's a departure, but just the start of the analysis of legal malpractice.The Impact of 'Rodriguez' on Construction Accident Litigation
Although 'Rodriguez' did not arise from a construction accident, the decision indeed affects construction accident litigation. In this article, Construction Accident Litigation columnist Brian J. Shoot briefly reviews 'Rodriguez' itself, the ruling's general impact on personal injury litigation, and its particular impact on construction accident litigation.A Modest Proposal Concerning Some Regulations That Time Forgot
Construction Accident Litigation columnist Brian J. Shoot writes: Those of us who deal with the statute fairly regularly become inured to the basic illogic on which the entire §241[6] edifice rests. Yet, it did not have to be this way.Assumption of Risk Has Limits, Appeals Court Says in Injured Girl's Suit Against Ski Resort
The appeals court pointed out that, while there is some assumption of risk taken on by skiers, a person “will not be deemed to have assumed ... unreasonably increased risks.”Two Recurring Construction Issues: The 'Hoist' and the 'De Minimis Drop'
In a given year, there may be as many as 170 to 200 reported appellate decisions that involve application of Labor Law Sections 240, 241(6) and/or 200 to accidents alleged to have occurred during the course of a “construction” activity.The Fault Lines of the Law, Revisited
In his Construction Accident Litigation column, Brian J. Shoot discusses four rulings that were rendered over Appellate Division dissents, including one 4 to 1 ruling that was afterwards affirmed by the Court of Appeals.Superstorm Sandy Suits Over Breezy Point Conflagration Can Proceed: Top NY Court
Lawsuits accusing the Long Island Power Authority, LILCO and National Grid Electrical Services of negligence over fires that destroyed dozens of homes in Breezy Point, Queens, during Superstorm Sandy in 2012 can go forward, New York's highest court ruled Tuesday.Corporate Transparency Act Resource Kit
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Revenue, Profit, Cash: Managing Law Firms for Success
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Law Firm Operational Considerations for the Corporate Transparency Act
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