Kevin G. Faley

September 07, 2017 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley discuss cases illustrative of the determination a court makes in weighing whether to accept a child's testimony.

By Andrea M. Alonso and Kevin G. Faley

8 minute read

July 26, 2017 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley write: High-low agreements in tort cases are underutilized and often misunderstood, but they are an effective way to prevent a runaway verdict with potential exposure of personal and corporate assets while guaranteeing plaintiff a recovery in the event of a defense verdict.

By Andrea M. Alonso and Kevin G. Faley

16 minute read

June 13, 2017 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff write that the Court of Appeals has recognized only two exceptions to the statutory requirement of prior written notice of roadway and sidewalk defects, the first of which is where the locality created the defect through an affirmative act of negligence, which is limited to work that immediately results in a dangerous condition. Two recent cases clarified what is necessary to defeat a claim of immediate creation of a dangerous condition.

By Kevin G. Faley and Kenneth E. Pitcoff

7 minute read

May 25, 2017 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley write: On March 30, the Court of Appeals decided 'O'Brien v. Port Authority,' a case where two experts disagreed on whether a temporary metal staircase or scaffold—a safety device under the Labor Law—provided proper protection as required by the statute.

By Andrea M. Alonso and Kevin G. Faley

16 minute read

March 31, 2017 | New York Law Journal

Kevin G. Faley and Christopher R. Invidiata discuss the grave injury threshold of the Workers Compensation Law, writing: The courts are not finders of fact, nor are they generally permitted to make subjective assessments of a witness' abilities. An objective assessment of a claimant's absolute employability provides a clear bright-line rule upon which the courts may rely. The prior subjective approach effectively mandated a jury trial in many traumatic brain injury matters which otherwise could be disposed of as a matter of law.

By Kevin G. Faley and Christopher R. Invidiata

21 minute read

September 07, 2016 | New York Law Journal

Kenneth E. Pitcoff and Kevin G. Faley write: Some might be surprised to discover just how much protection is afforded to those who operate hazard vehicles, such as street sweepers and snowplows—even more than that provided to police vehicles and ambulances. Recently, courts have continued to expand protections for these hazard vehicles by broadening the interpretation of the "actually engaged in work" language and liberally interpreting what behavior should be considered reckless.

By Kenneth E. Pitcoff and Kevin G. Faley

21 minute read

June 02, 2016 | New York Law Journal

Kenneth E. Pitcoff and Kevin G. Faley write that the U.S. Supreme Court in 1998 made clear that a sex discrimination claim is not barred because the plaintiff and the harasser are members of the same sex, and provided three routes that create inferences of discrimination "because of…sex" in such circumstances. Every circuit has determined that those routes are not exhaustive, but their analysis of the "because of…sex" and "severe and pervasive" requirements are diverse.

By Kenneth E. Pitcoff and Kevin G. Faley

22 minute read

April 29, 2016 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley write that claims files are the hard-drive of an insurance carrier, with a record of all information about a claim: opinions, discovery, reserves, witness statements, etc. Insurance claims files are, in theory, protected from discovery by work-product doctrine as "material prepared in anticipation of litigation." But these protections are situational.

By Andrea M. Alonso and Kevin G. Faley

24 minute read

March 21, 2016 | New York Law Journal

Kevin G. Faley and Andrea M. Alonso discuss the four main categories of questions which an attorney can instruct his client in a personal injury action not to answer: the palpably improper or irrelevant question; privileged communications; a defendant-physician's opinion of co-defendant's alleged medical malpractice; and questions that run afoul of the right against self-incrimination.

By Kevin G. Faley and Andrea M. Alonso

24 minute read

February 18, 2016 | New York Law Journal

Kevin G. Faley and Andrea M. Alonso write: It is a common occurrence for multiple insurance policies to be applicable in a personal injury suit resulting from an accident on a construction site. Often both primary and excess policies contain conflicting language, have similar priority designations and provide coverage to several parties. Determining the priority of insurance coverage can be a complicated yet important task.

By Kevin G. Faley and Andrea M. Alonso

12 minute read