Gail S Kelner

November 26, 2014 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the two-prong analysis courts generally use in determining whether to compel the production of the contents of social media accounts, the frequent need for an in camera review to limit disclosure to what is material and relevant, and court reactions to overly broad demands.

By Robert S. Kelner and Gail S. Kelner

12 minute read

September 23, 2014 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write that in considerations over applying the doctrine of res ipsa loquitur in negligence cases, exclusive control has generally been the most difficult of the necessary elements to prove, especially where the injury-causing instrumentality was accessible to parties other than the defendant. A recent decision demonstrates that the possibility of other causes need not be totally ruled out, but that the greater probability was that defendant's negligence caused the event.

By Robert S. Kelner and Gail S. Kelner

12 minute read

July 22, 2014 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the importance of early service by counsel of a notice on a property owner to preserve any security recordings of a fall or other accident, and the need for the demand to be broad enough to preserve all potentially relevant recordings.

By Robert S. Kelner and Gail S. Kelner

13 minute read

May 28, 2014 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner write: As the weather turns warmer and balmier, it is the perfect time to conjure up memories of winter past and talk about the "storm-in-progress" rule. Under this rule, there is no duty imposed upon a landowner to remove snow and ice while the winds are howling and the sleet and snow are pouring down.

By Robert S. Kelner and Gail S. Kelner

13 minute read

March 25, 2014 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner of Kelner & Kelner, write that a careful reading of a recent Court of Appeals decision that unanimously recalled and reversed its original holding from only months earlier, coupled with an understanding of the legal principles applicable to the case, makes clear the rationale for the court's reversal.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

November 26, 2013 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner & Kelner, discuss the case 'Soto v. J. Crew,' concluding that courts have been vested with enormous discretion to determine the boundaries of “cleaning” as a protected activity under Labor Law §240(1).

By Robert S. Kelner and Gail S. Kelner

13 minute read

September 24, 2013 | New York Law Journal

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner & Kelner write that pecuniary loss may include compensable losses of a personal nature, such as loss of guidance. Distinguishing a claim for loss of guidance from a claim for loss of companionship or consortium, which is not compensable in New York, has been extensively examined by the courts.

By Robert S. Kelner and Gail S. Kelner

14 minute read

January 22, 2013 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, the senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, write that expert opinions may be critical not only during the trial of an action, but also in connection with summary judgment motions that may follow the completion of discovery and the filing of the note of issue.

By Robert S. Kelner and Gail S. Kelner

13 minute read

May 22, 2012 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, the senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, analyze a recent ruling that represents a significant step in halting the unwarranted intrusion into the physician-patient relationship in the most sensitive areas, prompted by the presence of the insidious "9(a)" boxes on the HIPAA form.

By Robert S. Kelner and Gail S. Kelner

11 minute read

September 25, 2012 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, the senior partner at Kelner and Kelner, Gail S. Kelner. an attorney with the firm, and Joshua D. Kelner, an associate with the firm, write: "In recent years, Medicare has become the bane of the existence of lawyers who practice personal injury law, both on the plaintiff's and defendant's sides. The agency has claimed, through a handful of grossly ambiguous policy memoranda, that its purported "future interest" in settlements must be considered. As a result, so-called Medicare Set Asides—sometimes referred to as MSAs—have become increasingly prevalent."

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read