The Appellate Division of the New York Supreme Court has ruled in favor of an employee in an unusual workers' compensation case. This may, in fact, be the first case of its kind for the court. According to court records, the situation leading to the claim occurred in...
If you ask the average law student what negligence means, you will get a fairly simple answer: the failure to do or not to do what a reasonable person would do in the same or similar circumstances. If you ask a practicing personal injury attorney what negligence...
While some New Yorkers believe Christmas is the most wonderful time of the year, it may well be true that more of us believe that baseball season holds that spot. Major league, minor league, independent league, Little League -- baseball is not called America's pastime...
The 9th U.S. Circuit Court of Appeals was asked to decide whether Target Corp. has a legal obligation to maintain automated external defibrillators in its stores. The question came out of a lawsuit filed by the family of a woman who died at a Target store in...
We are discussing an appellate court decision from Pennsylvania about dram shop liability. The court declined to find a golf club liable for a patron's drunk driving accident, a ruling that illustrates a strict adherence to the specifics of the dram shop law. Both New...
The hospitality industry has long complained that dram shop laws go a little too far. These are the state laws that allow third parties like restaurants and bars to be held liable in alcohol-related accidents. The liability is not just for civil damages, either -- in...
Yesterday, a Senate Committee on Appropriations approved an amendment that would effectively suspend the current Federal Motor Carrier Safety Administration’s (FMCSA) hours of service (HOS) 34-hour restart mandate. If the amended bill is passed, the restart...
The Memorial Day weekend is over, but the deadliest time of year for teenagers is just beginning. More teens are involved in car accidents between Memorial Day and Labor Day than at any other time of the year. Teens may have more time on their hands, they may have...
After a long and miserable winter, New York is ready to embrace summer. Memorial Day marks the unofficial start of summer, even if there are a couple more weeks of school. This is the first weekend that many of us can drive around with the windows open without...
The world lost a dedicated philanthropist, conservationist and fundraiser in April. The British royal family also lost another member in a tragic accident. Mark Shand, the younger brother of Camilla, the Duchess of Cornwall, died in the hospital, just hours after he...
