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November 23, 2015 | New York Law Journal

Labor Law §240(1): The Feasibility Issue

In his Construction Accident Litigation column, Brian J. Shoot writes: There is a great deal of confusion and controversy as to whether a plaintiff proceeding under Labor Law §240[1] must identify some statutory "safety device" that would have prevented the accident.
13 minute read
November 10, 2015 | New York Law Journal

Dismissal of Malpractice Suit Against Stroock Is Upheld

The First Department said the real estate developers' "unsupported factual allegations, speculation and conclusory statements" failed to sufficiently allege that, but for Stroock's alleged failure to advise them to pursue bankruptcy options, they would not have lost about $80 million.
2 minute read
November 10, 2015 | New York Law Journal

Dismissal of Malpractice Suit Against Stroock Is Upheld

The First Department said the real estate developers' "unsupported factual allegations, speculation and conclusory statements" failed to sufficiently allege that, but for Stroock's alleged failure to advise them to pursue bankruptcy options, they would not have lost about $80 million.
2 minute read
September 24, 2015 | New York Law Journal

Verdicts & Settlements Hall of Fame

VerdictSearch, an affiliate of the New York Law Journal, is pleased to announce the honorees in their second New York's Verdicts & Settlements Hall of Fame. The practice area focus for this year's Hall of Fame honors is Motor Vehicle.
12 minute read
August 19, 2015 | New York Law Journal

Getting In at the Ground Level: When Is a Risk Elevation-Related?

In his Construction Accident Litigation column, Brian J. Shoot writes: The plaintiff is engaged in what anyone would call construction work when she falls into an uncovered opening while walking on the ground level of the construction site. Does the fact that the opening is at ground level, perhaps with a basement or sub-basement immediately below, mean that it is not an elevation-related risk? Does it matter what kind of an opening it was? Some comments in a recent Court of Appeals ruling raise the issue anew.
13 minute read
May 22, 2015 | New York Law Journal

Split Panel Upholds Ruling in Fee-Sharing Dispute

A Mnhattan appeals court narrowly upheld claims by two lawyers against a third in a fee-sharing dispute, ruling the pair was entitled to 60 percent of the $2.6 million of the attorney fees in a personal injury case.
5 minute read
May 22, 2015 | New York Law Journal

Split Panel Upholds Ruling in Fee-Sharing Dispute

A Mnhattan appeals court narrowly upheld claims by two lawyers against a third in a fee-sharing dispute, ruling the pair was entitled to 60 percent of the $2.6 million of the attorney fees in a personal injury case.
5 minute read
May 08, 2015 | New York Law Journal

Scaffold Law: Court of Appeals Giveth—and Taketh Away

In his Construction Accident Litigation column, Brian J. Shoot writes: On April 2, the Court of Appeals rendered two rulings that related to Labor Law §240[1], one unanimously deeming the statute applicable; in the other, a non-unanimous court deemed the statute inapplicable. As is almost invariably the case with Court of Appeals decisions concerning the oft-litigated "scaffold law," each ruling forces us to consider how it will impact future dispositions.
12 minute read
April 09, 2015 | New York Law Journal

Are the Courts Punishing Legal Malpractice Plaintiffs?

Andrew Lavoott Bluestone writes: Legal malpractice litigation is subjected to controls and limitations not found in other areas of the law. These judge-made controls and limitations make professional claims against attorneys much more difficult than those against any other profession.
11 minute read
April 08, 2015 | New York Law Journal

Are the Courts Punishing Legal Malpractice Plaintiffs?

Andrew Lavoott Bluestone writes: Legal malpractice litigation is subjected to controls and limitations not found in other areas of the law. These judge-made controls and limitations make professional claims against attorneys much more difficult than those against any other profession.
11 minute read

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