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February 01, 2024 | New York Law Journal

It Happened In a 'Labor Law' Case

The issues Brian J. Shoot discusses in this Construction Accident Litigation column share two points in common: (1) all have arisen in cases involving alleged violations of Section 200, 240 and/or 241(6) of the Labor Law, and (2) none are specific to so-called Labor Law actions.
19 minute read
November 13, 2023 | New Jersey Law Journal

Associate Class of 2023

Congratulations to these associates, who joined their firms from Oct. 8, 2022, through Oct. 1, 2023.
53 minute read
November 02, 2023 | New York Law Journal

Appeal Now or Wait? The 'Necessarily Affects' Conundrum

With last year's Court of Appeals decision in 'Bonczar v. American Multi-Cinema', the issue concerning the "sole proximate cause" defense remains unresolved. However, 'Bonczar' presents a new issue that arises in many construction litigation cases but is far broader than construction and personal injury litigation.
23 minute read
August 30, 2023 | New York Law Journal

Candidates Aim for State Supreme Court in Upstate and Western New York

In the Capitol Region, the nephew of two retiring brothers on the bench will vie to carry the baton, while further downstate, John A. Sarcone III, an attorney who declined the GOP nomination for attorney general last year, has been nominated by Republican convention delegates in the Ninth Judicial District.
4 minute read
August 03, 2023 | New York Law Journal

'Biaca-Neto' and Sole Proximate Cause, Part II, 'Ultimate Responsibility'

Editor's Note: This is the second installment of a two-part column. The first installment appeared in the May 5, 2023, edition of the New York Law…
18 minute read
June 29, 2023 | New York Law Journal

Making the Defendant Attorney Your Expert

A discussion of the rules on deposing a professional as an expert, including the standard of care and importance of the witnesses' own conduct.
7 minute read
June 15, 2023 | New York Law Journal

Trial Lawyers 'Master Series' CLE Webinar Panel Boasts 200-Plus Years' Experience

NYSTLA President Thomas P. Valet said the event was "an unprecedented coming together" of legal talent.
2 minute read
May 23, 2023 | New York Law Journal

NY Court of Appeals Says Jury Can Hear Fatal Security Negligence Cases Against NYC Housing Authority

Chief Judge Rowan Wilson wrote that landlords in New York "have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including a third party's foreseeable criminal conduct."
3 minute read
May 05, 2023 | New York Law Journal

Construction Accident Litigation, Part 1: 'Biaca-Neto' and Sole Proximate Cause

In this edition of his Construction Accident Litigation column, Brian Shoot focuses upon a single question: whether the plaintiff-worker's conduct constitutes the sole proximate cause of the subject accident as a matter of law, or alternatively may be deemed by a jury to be the sole proximate cause of the subject accident.
15 minute read
April 21, 2023 | New York Law Journal

Nuts and Bolts of Legal Malpractice 2023

The term "legal malpractice" is loosely used, not only by the public but by attorneys as well. Here, author Andrew Lavoot Bluestone discusses the four elements of legal malpractice: Departures, Proximate Cause, "But For" Issues and Ascertainable Damages.
8 minute read

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