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February 01, 2018 | New York Law Journal

Two Rulings Regarding Ramps

In this Construction Accident Litigation column, Brian J. Shoot and Susan M. Jaffe write: The Court of Appeals is frequently called upon to make rulings concerning the scope and application of Labor Law §240, the so-called scaffold statute. It sometimes explains the grounds for its determinations in great detail. This column concerns a recent case in which the court went in, well, a different direction.
14 minute read
November 07, 2017 | New York Law Journal

Jury Hands Up $26M Med Mal Verdict in Case of Child Born Deaf

A Brooklyn jury in a medical malpractice case awarded more than $26 million to a 7-year-old girl who was born deaf and who suffers from other health problems, issues that her attorney argued could have been mitigated with earlier monitoring of changes in her mother's cervix.
13 minute read
August 15, 2017 | New Jersey Law Journal

Treating Doctor Can't Testify on Standard of Care, Court Says

A New Jersey appeals court has ruled that a doctor who corrected a colleague's alleged surgical errors should not have been permitted to testify on the standard of care in the resulting medical malpractice case.
2 minute read
July 28, 2017 | New York Law Journal

Panel Finds Answer Struck Properly in Med Mal Suit

A nursing home that failed for years to respond to discovery demands and court orders in a medical malpractice and wrongful death suit had its answer properly struck, a state appeals court has ruled.
2 minute read
May 01, 2017 |

'O'Brien': A Sea Change ... or Not?

Construction Accident Litigation columnist Brian J. Shoot writes: The Court of Appeals ended March with a 4-to-3 ruling that at least some defense advocates are already heralding as having effected a sea change in the jurisprudence concerning the so-called "scaffold statute." I think it far more likely that the case was, at bottom, just about exterior stairs and the impossibility of keeping them dry when it rains.
17 minute read
April 12, 2017 |

Congressmen Sizing Up Hopefuls for Eastern District US Attorney

There's no word from the White House as to who may be the next U.S. Attorney for the Eastern District of New York, but in recent weeks Republican congressmen from the New York metropolitan area have met with possible contenders.
7 minute read
April 12, 2017 | New York Law Journal

Congressmen Sizing Up Hopefuls for Eastern District US Attorney

There's no word from the White House as to who may be the next U.S. Attorney for the Eastern District of New York, but in recent weeks Republican congressmen from the New York metropolitan area have met with possible contenders.
7 minute read
February 02, 2017 |

Two Labor Law Rulings in Miniature

Construction Accident Litigation columnist Brian J. Shoot considers the Court of Appeals' two most recent rulings in the field, both of which left unanswered questions.
15 minute read
January 26, 2017 |

First Department Rejects Guardian's $700,000 Fee Request

The court unanimously upheld a lower court's ruling that a $100,000 fee was reasonable compensation.
6 minute read
January 06, 2017 |

Ivan Schneider, NY Trial Lawyer, Dies at 85

The name partner at Manhattan's Schneider, Kleinick, Weitz, Damashek & Shoot specialized in courtroom work and had an easy rapport with jurors, former colleagues recalled.
6 minute read

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