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The Scope of Labor Law §§200, 240 and 241(6): Two Anomalies
In this edition of his Construction Accident Litigation column, Brian J. Shoot addresses two unrelated issues that have produced anomalous rulings concerning the scope of Labor Law §§200, 240 and 241(6). One issue is whether a defendant contractor's affirmative creation of a hazardous condition can give rise to liability under Labor Law §200 even where the defendant did not have any supervisory authority over the activities of the site worker who sustained the resultant injury. The second issue concerns an activity that plainly constitutes "construction" within the scope of Labor Law §241(6) and yet has lately been deemed not to be "construction" for the purposes of Labor Law §240.The Fault Lines of the Law (Again)
In this edition of his Construction Accident Litigation column, Brian J. Shoot considers two issues that recently generated illuminating Appellate Division dissents. One issue concerns construction and application of one of the most often cited Rule 23 subdivisions. The other issue concerns application of the workers' compensation bar.Novel or Noteworthy Decisions From the Appellate Division
In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses several Appellate Division rulings which, for one reason or another, are novel or noteworthy (or both). Two of the rulings have implications beyond the confines of construction accident litigation.The Still Unsolved 'Klein'/'Blake' Mystery
In this edition of his Construction Accident Litigation column, Brian J. Shoot once again addresses a significant hole in Labor Law jurisprudence, specifically the "sole proximate cause" defense, by reason of two ostensibly conflicting Court of Appeals decisions, 'Klein v. City of New York' and 'Blake v. Neighborhood Hous. Serv. of New York City', which have never been harmonized'O'Brien' Revisited, and Uncertainty Concerning the 'Sole Proximate Cause' Defense
In his Construction Accident Litigation column, Brian J. Shoot revisits a 2017 decision that resulted in two immediate and almost polar opposite reactions from the bar, and examines how that holding has factored into litigation in the past three years. He also reviews two recent and contradictory rulings from the Fourth Department concerning the "sole proximate cause" defense.Legal Malpractice In the Time of Plague
How will the COVID pandemic change our judicial systems, and will there be any effect on legal malpractice?'Sole Proximate Cause' Meets 'Everyone Was Doing It'
In his column on Construction Accident Litigation, Brian J. Shoot discusses the recent 'Biaca-Neto' case, where this was the principal issue.The Top 10 Labor Law Rulings of the Past 10 (Really, 11) Years: Part II
In his Construction Accident Litigation, Brian J. Shoot analyzes the remainder of his "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.Trending Stories
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