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September 17, 2014 | National Law Journal

Introducing America's Elite Trial Lawyers

The National Law Journal and Law.com this year teamed to select law firms that are doing the most creative and substantial work on the plaintiffs side. The result is our inaugural list of America's Elite Trial Lawyers. The 50 firms named here pulled in big victories in complex cases that have a wide impact on the law and legal business.
4 minute read
September 10, 2014 | New York Law Journal

Judges Grapple With Impact of Modifying Contingency Fees

Although Graubard Miller "flooded" long-standing client Alice Lawrence with information about her late husband's disputed real estate holdings, it failed to warn her of the risks of entering into a contingency fee arrangement that resulted in a windfall to the firm, her estate's lawyer told the state Court of Appeals Tuesday.
7 minute read
September 03, 2014 | New York Law Journal

Fees Case Draws Support for Contingency Arrangements

An attorney fee dispute that is making an encore appearance before the Court of Appeals this month could have a wide-ranging effect on the state's contingency fee system, according to lawyers supporting a firm's fee arrangement.
6 minute read
August 01, 2014 | New York Law Journal

Repair or Routine Maintenance; Sole Proximate Cause Defense

In his Construction Accident Litigation, Brian J. Shoot discusses distinguishing a "repair," which is expressly covered by the so-called scaffold statute, from "routine maintenance," which is not; and the "sole proximate cause" defense, which will bar a plaintiff-worker's recovery when there was no statutory violation and the accident was solely caused by the plaintiff.
10 minute read
July 11, 2014 | New York Law Journal

LIPA Ruled Not Immune From Sandy Liability

About 170 plaintiffs alleged their homes caught fire as a result of the companies' decision not to shut off power on the Rockaway Peninsula in advance of the Oct. 29, 2012 storm. In complaints, they said fires broke out when floodwaters came into contact with electrical systems.
2 minute read
June 10, 2014 | Litigation Daily

Circuit Upholds Limits on Legal Fees in WTC Settlement

Southern District Judge Alvin Hellerstein's decision denying plaintiffs' counsel from recovering a contingency attorney fee on a $55 million bonus payment triggered by settlements of some 10,000 lawsuits over exposure to toxic dust at Ground Zero was upheld by a federal appeals court Monday.
6 minute read
June 10, 2014 | Law.com

Circuit Upholds Limits on Legal Fees in WTC Settlement

Southern District Judge Alvin Hellerstein's decision denying plaintiffs' counsel from recovering a contingency attorney fee on a $55 million bonus payment triggered by settlements of some 10,000 lawsuits over exposure to toxic dust at Ground Zero was upheld by a federal appeals court Monday.
6 minute read
June 10, 2014 | Litigation Daily

Circuit Limits Legal Fees in WTC Settlement

Southern District Judge Alvin Hellerstein's decision denying plaintiffs' counsel from recovering a contingency attorney fee on a $55 million bonus payment triggered by settlements of some 10,000 lawsuits over exposure to toxic dust at Ground Zero was upheld by a federal appeals court Monday.
6 minute read
June 06, 2014 | New York Law Journal

Bicyclist's Injury Suit Against City Reinstated

New York City can be held liable for the actions of a Department of Transportation supervisor who allowed a bicyclist to enter a damaged stretch of road in Central Park, where she fell and was hurt, the state Court of Appeals ruled Thursday.
6 minute read
May 09, 2014 | New York Law Journal

Falling Object Liability

In his Construction Accident Litigation column, Brian J. Shoot writes: Per a Court of Appeals decision rendered earlier this year, Labor Law §240(1) applies only if the plaintiff demonstrates that the object that fell was being hoisted or secured at the time it fell, or "required securing for the purposes of the undertaking." The first option is simple enough. But when does an object "require securing"? For that matter, what is the pertinent "undertaking"?
14 minute read

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