Brian J Shoot

August 05, 2024 | New York Law Journal

"The 'Espinal' court never gave any reason why its three-prong test was better, fairer or more logical than the Restatement formulation," writes Brian J. Shoot.

By Brian J. Shoot

22 minute read

May 07, 2024 | New York Law Journal

In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.

By Brian J. Shoot

14 minute read

February 01, 2024 | New York Law Journal

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.

By Brian J. Shoot

19 minute read

November 02, 2023 | New York Law Journal

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.

By Brian J. Shoot

23 minute read

August 03, 2023 | New York Law Journal

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…

By Brian J. Shoot

18 minute read

May 05, 2023 | New York Law Journal

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.

By Brian J. Shoot

15 minute read

February 02, 2023 | New York Law Journal

In this edition of his Construction Accident Litigation column, Brian Shoot discusses two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022. One issue arises when a plaintiff moves for summary judgment under Labor Law §240. The other issue, which arises far less frequently, is whether a falling hatch cover (or similar object) may qualify as a "falling object" within the scope of Labor Law §240.

By Brian J. Shoot

16 minute read

November 03, 2022 | New York Law Journal

Are these really "sole proximate cause" defenses or are they an entirely different animal? That threshold question, which may or may not give rise to the same answer for all three variants of the Forbidden Conduct argument, matters.

By Brian J. Shoot

24 minute read

August 04, 2022 | New York Law Journal

Appellate cases resolved with a 3 to 2 vote are decisions where people can reasonably differ. Such rulings thus display the fault lines of the law. In this column, Brian J. Shoot takes a look at some recent 3 to 2 rulings.

By Brian J. Shoot

18 minute read

May 05, 2022 | New York Law Journal

In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses in detail the Court of Appeals' recent 4-3 ruling in 'Toussaint v. Port Auth. of New York and New Jersey', which is important in itself and for what it may portend in other actions involving application of Labor Law §241(6).

By Brian J. Shoot

29 minute read