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By Brian J. Shoot | February 2, 2023
In this edition of his Construction Accident Litigation column, Brian Shoot discusses two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022. One issue arises when a plaintiff moves for summary judgment under Labor Law §240. The other issue, which arises far less frequently, is whether a falling hatch cover (or similar object) may qualify as a "falling object" within the scope of Labor Law §240.
16 minute read
By Aleeza Furman | January 31, 2023
"From a defense perspective, those that are creative, innovative and dynamic in their presentations will do well in front of jurors," said John Delany III, a shareholder at Marshall Dennehey.
3 minute read
By Melea VanOstrand | January 24, 2023
"As a result, developers really in the last five years have been capitalizing on the demand of people wanting to live there, and the projects are getting approved and finally getting out of the ground—that has been the vision of Hollywood for years," said attorney Keith Poliakoff of Government Law Group.
6 minute read
By Jason Grant | January 20, 2023
Reversing the lower court, the Connecticut Appellate Court ruled that continued at-will employment can be sufficient consideration for a restrictive covenant in a nondisclosure agreement.
5 minute read
By Rose Walker | January 13, 2023
The pair follow corporate star Nick Rumsby out the Linklaters' door.
2 minute read
By Jason Grant | January 6, 2023
"Plaintiff did not place his entire medical condition in controversy by suing to recover damages for orthopedic injuries to his shoulders, hands, and right wrist by alleging in the bill of particulars that those injuries are permanent in nature," wrote an Appellate Division, First Department panel.
4 minute read
By Max Mitchell | January 4, 2023
"Every one of them had their fingerprints on this, so it was really just going to be a question of whose were the deepest and the darkest," Fulginiti said.
4 minute read
By Jason Grant | December 30, 2022
In making apparently related rulings on the deposition testimony of defendant Xin Development Management East's representative Ryan Black, the Appellate Division, First Department court cited successive subsections of New York's Civil Practice Law and Rules, or CPLR, statute.
3 minute read
By Jim Saunders | December 30, 2022
The Restoration Association of Florida and Florida Premier Roofing say a requirement for scaling back roof-damage claims is unconstitutional.
4 minute read
By Jennifer M. Horn, Ryan M. Lockman and Laura B. Garber | December 29, 2022
It's good news for other homeowners who find themselves needing to take steps to address construction defects in one of their most important assets—their homes.
6 minute read
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