Protective Purview
First Department Provides Analysis of “Protected Activity” for Labor Law § 240(1) Claims Any analysis of a Labor Law § 240(1) claim must involve a determination of whether plaintiff is…
Category: Insights
“Hold!”
Premature Summary Judgment Motion Keeps Defendant Early Exit on Ice Every time someone talks about doing something too early, I can’t help but see William Wallace in Braveheart screaming “Hold!”…
Issues of Fact Abound
Multiple Issues of Fact Prohibit Summary Judgment for All Parties On rare occasions involving the Labor Law, sometimes no one wins. In a recent decision, multiple questions of fact on…
Falling Optional
First Department Issues Reminder: Falling Not Required for §240(1) Cause of Action Labor Law § 240(1) was enacted, mainly, to protect construction workers from gravity-related risks, of which there are…
Sometimes a Forum is Convenient
The Superior Court of Pennsylvania Confirms Transfer of Venue Under Forum Non Conveniens Requires More Than Mere Allegations of Inconvenience Transfer of venue based on forum non conveniens must be…
Amend at Your Leisure, Part II
Second Department Affirms Erasers Exist on Pencils to Correct Labor Law Typos We all make mistakes. Sometimes that mistake is a typographical error that plead a section of the Labor…
Falling Ladder Prima Facie for § 240(1)
Ladders Are Affected by Gravity Too Usually, when encountering a Labor Law § 240(1) case, we’re reading a fact pattern which shows plaintiff falling from a ladder, or some other…
Amend at Your Leisure, Part I
First Department Allows Mulligan on Industrial Code Pleadings for Labor Law § 241(6) As we’ve routinely covered, Labor Law § 241(6) causes of action require pleading of sufficiently specific New…
“Ups and Downs of Elevator Work”
Unqualified Expert Keeps Plaintiff’s § 240(1) Claim on Ground Floor Expert witness submissions are pattern and practice in the summary judgment phase for Labor Law § 240(1) cases and a…
“Homeowners’ Exception Exception”
Fall From Ladder Prompts Labor Law “Homeowners’ Exception” Analysis The most well-known exception to the Labor Law is the “homeowners’ exception,” and is found in the opening sentence of Labor…