“He Said, He Said.”
Second Department Determines Reliable Historian Talked His Way into Question of Fact Sometimes all a plaintiff needs to say is that the ladder moved, and plaintiff fell off of it,…
Archives
“Pivot!”
First Department Holds that Plaintiff’s Labor Law § 240(1) Claim Fits the Mold If you’ve ever seen Friends, you know that you don’t help Ross move heavy objects up a…
Inside the Lawyers Studio Podcast – Ep 4: New York and trials with Shari Belitz and Michael J. Shields
Our host, Scott J. Tredwell is joined by Shari Belitz of Shari Belitz Communications and Michael J. Shields to discuss New York issues, evaluating cases, jury selection, verdicts, and more.…
Unable to Return to Sender: Business Re-Solicitation creates Personal Jurisdiction
On January 17, 2024, the Appellate Division issued a decision in Allure Pet Products, LLC, v. Donnelly Marketing & Development LLC, et al., —A.3d—–, 2024 WL 172209 (App. Div. 2024)…
Catching a Runaway Train: NJ Supreme Court Curtails Refund Claims Under the CFA
On January 11, 2024, the Supreme Court of New Jersey issued an opinion in DeSimone v. Springpoint Senior Living, et al., 256 N.J. 172 (2024), limiting the applicability to the…
“sole” – adj., meaning “one and only”
First Department Issues Monthly Reminder that “Sole” Means “One” If you’re wondering why these musings are suspiciously light on defendants emerging victorious on a “sole proximate cause” argument, it’s because…
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…
“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…