0 results for 'Sullivan Papain Block McGrath'
NY Court of Appeals Says Jury Can Hear Fatal Security Negligence Cases Against NYC Housing Authority
Chief Judge Rowan Wilson wrote that landlords in New York "have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including a third party's foreseeable criminal conduct."Construction Accident Litigation, Part 1: 'Biaca-Neto' and Sole Proximate Cause
In this edition of his Construction Accident Litigation column, Brian Shoot focuses upon a single question: whether the plaintiff-worker's conduct constitutes the sole proximate cause of the subject accident as a matter of law, or alternatively may be deemed by a jury to be the sole proximate cause of the subject accident.Nuts and Bolts of Legal Malpractice 2023
The term "legal malpractice" is loosely used, not only by the public but by attorneys as well. Here, author Andrew Lavoot Bluestone discusses the four elements of legal malpractice: Departures, Proximate Cause, "But For" Issues and Ascertainable Damages.View more book results for the query "Sullivan Papain Block McGrath"
But What About But-For Causation? Challenging Legal Malpractice Claims for Lack of Proximate Cause
In recent decisions, New York courts have shown a consistent willingness to dismiss malpractice claims where a plaintiff impermissibly speculates about the causal link between a lawyer's alleged negligence and the plaintiff's damages.Examining the Fault Lines, Once More
Appellate cases resolved with a 3 to 2 vote are decisions where people can reasonably differ. Such rulings thus display the fault lines of the law. In this column, Brian J. Shoot takes a look at some recent 3 to 2 rulings.The Plain Meaning of Labor Law §241(6) … Or Its Opposite
In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses in detail the Court of Appeals' recent 4-3 ruling in 'Toussaint v. Port Auth. of New York and New Jersey', which is important in itself and for what it may portend in other actions involving application of Labor Law §241(6).Split New York Court of Appeals Reverses Judgment for Plumbing Subcontractor Injured in Fall
New York's highest court, in a 4-3 split decision, took a narrow view of Section 240 of the Labor Law, which governs elevation risks, reversing a ruling from an appellate panel. The case turned on whether a fall was caused by elevation or by an electric shock.Trending Stories
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