July 10, 2017 | New York Law Journal
Understanding New York's Economic Loss RuleBrian P. Heermance and Christopher P. Keenoy write: New York's Economic Loss Rule is purportedly a simple common law principle. However, its evolution and application have proven to be quite the opposite. A clear understanding of this rule is essential as it can significantly minimize exposure in many cases and in some instances result in the complete dismissal of a claim.
By Brian P. Heermance and Christopher P. Keenoy
25 minute read
October 02, 2015 | New York Law Journal
Legal Malpractice—Analysis and DefenseBrian P. Heermance and Christopher P. Keenoy write: Litigating a legal malpractice case is generally more complex than a simple tort action but, at its core, is governed by many of the same principles. The starting point is to simply examine the elements of any negligence claim—duty, breach, causation, and damages.
By Brian P. Heermance and Christopher P. Keenoy
9 minute read
October 01, 2015 | New York Law Journal
Legal Malpractice—Analysis and DefenseBrian P. Heermance and Christopher P. Keenoy write: Litigating a legal malpractice case is generally more complex than a simple tort action but, at its core, is governed by many of the same principles. The starting point is to simply examine the elements of any negligence claim—duty, breach, causation, and damages.
By Brian P. Heermance and Christopher P. Keenoy
9 minute read
September 26, 2013 | New York Law Journal
Emotional Distress and the 'Zone-of-Danger' RuleBrian P. Heermance, a partner at Morrison Mahoney, and Christopher P. Keenoy, an associate with the firm, discuss the zone-of-danger rule, which allows a person who is threatened with bodily harm resulting from a defendant's negligence to recover for emotional distress from viewing the death or serious injury of his immediate family.
By Brian P. Heermance and Christopher P. Keenoy
9 minute read
December 17, 2012 | New York Law Journal
New York's Recreational Use Statute and Legislative ProposalsBrian P. Heermance, a partner at Morrison Mahoney, and Christopher P. Keenoy, an associate at the firm, write: What do hunting, fishing, canoeing, hiking, cross-country skiing, sledding, and snowmobiling have in common? They are all activities that are covered by New York's Recreational Use Statute, which was enacted to induce property owners who may be reluctant to permit people to come onto their property for recreational activities to do so without fear of liability.
By Brian P. Heermance and Christopher P. Keenoy
9 minute read
September 08, 2011 | New York Law Journal
Wage Order Sets Forth Dramatic Changes to Tip PoolingDemi Sophocleous and Christopher P. Keenoy of Morrison & Mahoney discuss the New York State Hospitality Industry Wage Order that took effect this year, which permits employers to mandate their employees to share or pool tips, and even to set the percentages that each employee will receive in the tip pool. But while the wage order provides clarity for the restaurant industry, it has not meant the end of lawsuits, especially with regard to who is entitled to participate in tip sharing.
By Demi Sophocleous and Christopher P. Keenoy
6 minute read
November 01, 2010 | New York Law Journal
When a 'Sudden Emergency' Results in HarmBrian P. Heermance, a partner at Morrison Mahoney, and Christopher P. Keenoy, an associate at the firm, review cases that demonstrate the successful application of the sudden emergency defense to automobile actions, and cases where the defense is found inapplicable, as the driver should have been aware of potential hazards.
By Brian P. Heermance and Christopher P. Keenoy
8 minute read
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