Jeffrey S Lichtman

August 21, 2020 | New York Law Journal

The Court of Appeals construed the ambit of multiple New York State statutes and a section of the New York City Administrative Code in the torts arena during its 2019-2020 term.

By Jeffrey S. Lichtman

16 minute read

August 16, 2019 | New York Law Journal

As practitioners, we are often called upon to evaluate how a court might apply the law to a client’s fact patterns. In two tort cases from the past term, the Court of Appeals reminded us that legal principles often require us to analyze the totality of circumstances, rather than apply facile but ill-fitting and rigid tests.

By Jeffrey S. Lichtman

17 minute read

August 17, 2018 | New York Law Journal

A look at four decisions handed down by the Court of Appeals in the past term that addressed a wide range of unresolved issues in tort law.

By Jeffrey S. Lichtman and Richard A. Menchini

17 minute read

August 22, 2017 | New York Law Journal

Jeffrey S. Lichtman and Richard A. Menchini, partners at O'Hare Parnagian, write: In the past term, the Court of Appeals issued several decisions which examined how issues of governmental liability intersect with different stages of the litigation process.

By Jeffrey S. Lichtman and Richard A. Menchini

19 minute read

August 22, 2016 | New York Law Journal

Jeffrey S. Lichtman and Richard A. Menchini of O'Hare Parnagian discuss two noteworthy torts decisions recently issued by the New York Court of Appeals.

By Jeffrey S. Lichtman and Richard A. Menchini

41 minute read

August 25, 2014 | New York Law Journal

Jeffrey S. Lichtman and Richard A. Menchini, partners at O'Hare Parnagian, write: Over the past year, the New York Court of Appeals has handed down three decisions that provide clear and broadly applicable interpretation of both statutory rules and common law principles in tort cases, including whether New York recognizes medical monitoring as an independent cause of action or as an element of damages.

By Jeffrey S. Lichtman and Richard A. Menchini

20 minute read

August 26, 2013 | New York Law Journal

Jeffrey S. Lichtman and Richard A. Menchini, partners at O'Hare Parnagian, write that three decisions from the recent term of the New York Court of Appeals clarified the hazy boundaries of tort duties, and each decision curtailed defendants' liability for commission of alleged tortious acts.

By Jeffrey S. Lichtman and Richard A. Menchini

20 minute read

August 27, 2012 | New York Law Journal

Jeffrey S. Lichtman and Richard A. Menchini, partners at O'Hare Parnagian, review personal injury decisions that provide valuable guidance to the practitioner tasked with developing a strategy in cases where proof of proximate causation is problematic, an opinion that eased the manner in which plaintiffs may prove a threshold "serious injury," as defined in New York's No-Fault Law, and another that clarified the scope of a social host's duty to supervise intoxicated guests on the host's property.

By Jeffrey S. Lichtman and Richard A. Menchini

17 minute read

August 22, 2011 | New York Law Journal

Sheila L. Birnbaum and Jeffrey S. Lichtman, partners at Skadden, Arps, Slate, Meagher & Flom, write that this past term, the Court of Appeals decided numerous significant cases in the torts arena, including one involving personal injury allegedly resulting from the latent effects of exposure to a substance and the extended limitations period set forth in CPLR 214-c(4) and another, the significance of the burdens placed upon a movant for summary judgment in New York courts.

By Sheila L. Birnbaum and Jeffrey S. Lichtman

13 minute read

September 02, 2008 | New York Law Journal

Sheila L. Birnbaum and Jeffrey S. Lichtman, partners at Skadden, Arps, Slate, Meagher & Flom, write that in urging that new rights should be extended to injured parties, litigants often argue - with occasional success - that every wrong should be redressed. The New York Court of Appeals, they note, assessed this expansive view of the law this past term when it decided whether negligent spoliation of evidence by a third party should give rise to an independent tort under New York law.

By Sheila L. Birnbaum and Jeffrey S. Lichtman

11 minute read