NEXT
Sign in to follow
Search Results

0 results for 'Sullivan Papain Block McGrath'

You can use to get even better search results
February 06, 2020 | New York Law Journal

The Top 10 Labor Law Rulings of the Past 10 (Really, 11) Years: Part I

In his Construction Accident Litigation column, Brian J. Shoot presents a "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty, and, especially in one instance, the controversy that afterwards ensued.
21 minute read
November 22, 2019 | New York Law Journal

The Basics of Legal Malpractice

This article catalogues the four elements and sub-elements of legal malpractice as an attempted guide to the analysis of whether any particular legal outcome is legal malpractice and whether it can be successfully prosecuted.
11 minute read
October 31, 2019 | New York Law Journal

The 'General'/'Concrete' Continuum Governing Liability Under Labor Law §241(6)

In his Construction Accident Litigation column, Brian J. Shoot writes: When is a regulation sufficiently "concrete" to serve as a predicate for liability under §241(6) of the Labor Law? While the answer is in some instances clear, it is sometimes in the eye of the beholder.
16 minute read
August 01, 2019 | New York Law Journal

Falling Object Liability: ‘For the Purposes of the Undertaking,’ Revisited

Since the Court of Appeals rendered its majority ruling in 'Fabrizi', the court has not had occasion to further explain what it meant by the phrase “secured for the purposes of the undertaking” in falling object cases. The matter has, however, been repeatedly addressed at the Appellate Division level, albeit with varying results. In his Construction Accident Litigation column, Brian J. Shoot discusses the background of and decision in 'Fabrizi', and the Appellate Division’s attempts to apply the decision to other “falling object” cases.
17 minute read
May 01, 2019 | New York Law Journal

Out to Lunch: §240 Rule in Four Departments Is More Nuanced Than Meets the Eye

In his Construction Accident Litigation column, Brian J. Shoot discusses what some view as a split between the First and Second Departments on an issue involving Labor Law §240. He writes that the so-called split is largely in the eye of the beholder and the rule in both departments—indeed, in all four departments—is more nuanced. That the plaintiff was injured while on his or her way to lunch should not of itself be disqualifying in any department in light of the governing Court of Appeals' rulings. However, the situation can change, in any department, when additional facts are present.
18 minute read
February 13, 2019 | New York Law Journal

What We Talk About When We Talk About Legal Malpractice

Clients may be told that another lawyer has committed “legal malpractice.” But, is it “legal malpractice” or merely a departure? What are the reviewers really saying when they talk of legal malpractice? In general, they have correctly determined that another attorney fell below the standard of good practice. That's a departure, but just the start of the analysis of legal malpractice.
12 minute read
January 31, 2019 | New York Law Journal

The Impact of 'Rodriguez' on Construction Accident Litigation

Although 'Rodriguez' did not arise from a construction accident, the decision indeed affects construction accident litigation. In this article, Construction Accident Litigation columnist Brian J. Shoot briefly reviews 'Rodriguez' itself, the ruling's general impact on personal injury litigation, and its particular impact on construction accident litigation.
12 minute read
November 02, 2018 | New York Law Journal

A Modest Proposal Concerning Some Regulations That Time Forgot

Construction Accident Litigation columnist Brian J. Shoot writes: Those of us who deal with the statute fairly regularly become inured to the basic illogic on which the entire §241[6] edifice rests. Yet, it did not have to be this way.
16 minute read
October 15, 2018 | New York Law Journal

Assumption of Risk Has Limits, Appeals Court Says in Injured Girl's Suit Against Ski Resort

The appeals court pointed out that, while there is some assumption of risk taken on by skiers, a person “will not be deemed to have assumed ... unreasonably increased risks.”
3 minute read
August 02, 2018 | New York Law Journal

Two Recurring Construction Issues: The 'Hoist' and the 'De Minimis Drop'

In a given year, there may be as many as 170 to 200 reported appellate decisions that involve application of Labor Law Sections 240, 241(6) and/or 200 to accidents alleged to have occurred during the course of a “construction” activity.
2 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Strong & Hanni Solves Storage Woes--Learn How You Can, Too

    Brought to you by Filevine

    Download Now

  • Meeting the Requirements of California's SB 553: Workplace Violence Prevention

    Brought to you by NAVEX Global

    Download Now

  • The Benefits of Outsourcing Beneficial Ownership Information Filing

    Brought to you by Wolters Kluwer

    Download Now

  • The Top 10 AI Use Cases in Private Equity

    Brought to you by Ontra

    Download Now