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April 27, 2018 | New York Law Journal

The Fault Lines of the Law, Revisited

In his Construction Accident Litigation column, Brian J. Shoot discusses four rulings that were rendered over Appellate Division dissents, including one 4 to 1 ruling that was afterwards affirmed by the Court of Appeals.
14 minute read
February 20, 2018 | New York Law Journal

Superstorm Sandy Suits Over Breezy Point Conflagration Can Proceed: Top NY Court

Lawsuits accusing the Long Island Power Authority, LILCO and National Grid Electrical Services of negligence over fires that destroyed dozens of homes in Breezy Point, Queens, during Superstorm Sandy in 2012 can go forward, New York's highest court ruled Tuesday.
4 minute read
February 01, 2018 | New York Law Journal

Two Rulings Regarding Ramps

In this Construction Accident Litigation column, Brian J. Shoot and Susan M. Jaffe write: The Court of Appeals is frequently called upon to make rulings concerning the scope and application of Labor Law §240, the so-called scaffold statute. It sometimes explains the grounds for its determinations in great detail. This column concerns a recent case in which the court went in, well, a different direction.
16 minute read
November 07, 2017 | New York Law Journal

Jury Hands Up $26M Med Mal Verdict in Case of Child Born Deaf

A Brooklyn jury in a medical malpractice case awarded more than $26 million to a 7-year-old girl who was born deaf and who suffers from other health problems, issues that her attorney argued could have been mitigated with earlier monitoring of changes in her mother's cervix.
13 minute read
August 15, 2017 | New Jersey Law Journal

Treating Doctor Can't Testify on Standard of Care, Court Says

A New Jersey appeals court has ruled that a doctor who corrected a colleague's alleged surgical errors should not have been permitted to testify on the standard of care in the resulting medical malpractice case.
3 minute read
July 28, 2017 | New York Law Journal

Panel Finds Answer Struck Properly in Med Mal Suit

A nursing home that failed for years to respond to discovery demands and court orders in a medical malpractice and wrongful death suit had its answer properly struck, a state appeals court has ruled.
2 minute read
May 01, 2017 | New York Law Journal

'O'Brien': A Sea Change ... or Not?

Construction Accident Litigation columnist Brian J. Shoot writes: The Court of Appeals ended March with a 4-to-3 ruling that at least some defense advocates are already heralding as having effected a sea change in the jurisprudence concerning the so-called "scaffold statute." I think it far more likely that the case was, at bottom, just about exterior stairs and the impossibility of keeping them dry when it rains.
19 minute read
April 12, 2017 | New York Law Journal

Congressmen Sizing Up Hopefuls for Eastern District US Attorney

There's no word from the White House as to who may be the next U.S. Attorney for the Eastern District of New York, but in recent weeks Republican congressmen from the New York metropolitan area have met with possible contenders.
8 minute read
April 12, 2017 | New York Law Journal

Congressmen Sizing Up Hopefuls for Eastern District US Attorney

There's no word from the White House as to who may be the next U.S. Attorney for the Eastern District of New York, but in recent weeks Republican congressmen from the New York metropolitan area have met with possible contenders.
8 minute read
February 02, 2017 | New York Law Journal

Two Labor Law Rulings in Miniature

Construction Accident Litigation columnist Brian J. Shoot considers the Court of Appeals' two most recent rulings in the field, both of which left unanswered questions.
16 minute read

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