Judgment Affirmed in Tree Stand Fall Case
On October 30, 2016, Michael Davis and his father-in-law R. Foster Hinds were installing a tree stand for deer hunting on property in upstate Canisteo owned by Mr. Hinds and…
The Fifth Circuit Abandons The Rule Of Law To Spite A Transgender Inmate
On March 29, 2019, a divided Fifth Circuit panel issued their decision Gibson v. Collier, No. 16-51148, involving a transgender inmate. The majority’s opinion by Judge James Ho is outrageous,…
THREE WEBINARS ON KEY ISSUES IN FATAL ACCIDENT LITIGATION
I am presenting three webinars on fatal accident litigation for later this year. These deal with recent developments in fatal accident litigation; children and fatal cases and the difficult issue…
How Scaffolding on Wheels Can Sometimes Be Dangerous
Proper scaffolding practices are essential in preventing accidents and injuries on construction sites. Employers and contractors are legally obligated to provide a safe working environment for their employees and adhere…
Military Members Can Now Sue for Medical Malpractice
Lt. Rudolph Feres, parachuted into the darkness in the first hours of D-Day in 1944. He was killed later in a stateside barracks fire and his estate was barred from…
Minimal Pain and Suffering Award Affirmed in Slip and Fall Case
On January 18, 2015, Toni Pecoraro slipped and fell on ice on the exterior stairs of the building where she was living in Brooklyn. She sued the building owner claiming…
The Supreme Court Eviscerates Preemption In Branded Drug Lawsuits
On May 20, 2019, the United States Supreme Court decided Merck v. Albrecht (In re Fosamax), No. 17-290 (text version available here), destroying most of the arguments routinely used by…
Will Coronavirus Push New York’s Courts Out of the Colonial Era? (Updated!)
Tweet Chief Administrative Judge Lawrence K. Marks of the Courts of New York State delivers testimony during a joint legislative budget hearing on Thursday, Feb. 4, 2016, in Albany, N.Y.…
Male Pedestrian Struck and Killed on Kearny Mesa Off-Ramp
A male pedestrian was killed in an accident in Kearny Mesa on Interstate 15. According to KUSI News, the crash, involving a Nissan Altima, happened around 1:40 a.m. near the…
Tesla Crashes into Danville Sushi Restaurant
A Tesla crashed into a Danville sushi restaurant, “Fish on Fire,” located in the Danville Town and Center Shopping Center, on Wednesday morning. The cause of the accident has yet…
Labor and Immigrants and Injuries, Oh My!
Building the Empire State Building This piece is about the importance of New York’s Labor Law for people who work at heights, but it starts in faraway Boston. It starts…
Words You Should Never Use
Over the weekend, W. Virginia Chief Justice Beth Walker tweeted out a list of words that are banned from her opinions. It’s a good list, and one that all lawyers…