Rochester Slammed by Judge for Demanding In-Person Hearings
Elliot Shields of the Roth & Roth firm. Photo by Rochester Democrat and Chronicle The City of Rochester was slammed yesterday by a New York Supreme Court justice for demanding in-person hearings in police brutality cases. And the order was…
Motorcyclist’s Verdict Against County for Defective Roadway Affirmed
On August18, 2012, Steven Pasternak was riding his motorcycle on a Chenango County road in the Town of Columbus when he lost control, was thrown off and sustained serious injuries. Mr. Pasternak, then 27 years old, sued the county alleging…
The Solicitor General’s Brief In Fosamax – An End To Levine Preemption?
Updated June 28, 2018 in light of the Supreme Court’s grant of certiorari. See more at the bottom of this post. I’ve written many times before about the Supreme Court’s opinion Wyeth v. Levine, 555 U.S. 555 (2009), such as…
A SERIES OF FOUR WEBINARS TO TAKE YOU THROUGH LAW AND PRACTICE RELATING TO FATAL ACCIDENTS
In March and April 2024 I am presenting four webinars which take practitioners through the major issues relating to law and procedure in Fatal Accident Act claims. All of those who subscribe to the webinars will receive comprehensive questionnaires for…
The Most Common Causes of Distracted Driving Accidents
With technological advancements increasing, distracted driving accidents are a mounting concern. Smartphones, in-car entertainment systems, and navigation devices divert attention from the road. Social media, texting, and streaming further multiply the issue by enticing drivers to look at their devices…
Stupid Lawyer Tricks – Rape edition
When folks read about frivolous or silly legal claims, they invariably ask: What did that person sue for this time? They never seem to ask, what kind of idiotic defense was raised? Because idiotic defenses don’t make the papers. Until…
Construction Worker’s Claims Upheld at Trial and Substantial Damages Awarded but Retrial Ordered on Collateral Issues
On August 1, 2012, Besnik Malecaj was working for an excavation company renovating a townhouse at 45 West 70th Street in Manhattan to convert it from a multi-unit cooperative to a single family residence with an indoor swimming pool. Mr….
Watch “The Bleeding Edge” And Demand Medical Device Safety Reform
Imagine if lights, kitchen equipment, and home electronics didn’t need to be tested for electrical shock and fire hazards, and that no one ever certified that the devices were safe. Would you put them in your home? What about a…
Stupid Lawyer Tricks – Insurrection Edition
Screen grab from NBC News a moment before Babbitt was shot Ashli Babbitt was shot dead on January 6th while crashing through the Capitol in an attempt to stop electoral votes from being counted. Now her Estate wants to sue…
Damages for Hospice Aide Upheld on Appeal in Slip and Fall Case
On October 3, 2016, Jazmon Morrison was injured while working as a hospice aide at a nursing care facility in Williamsville when she slipped and fell striking her head on the hard floor of her patient’s room. A Patient Room…
The Unjust “Sporting Theory Of Justice” In Federal Courts
Over a century ago, in 1906, law professor Roscoe Pound outlined “The Causes of Popular Dissatisfaction with the Administration of Justice” in a speech to the American Bar Association. After conceding “dissatisfaction with the administration of justice is as old…
The key cases in fatal accident damages: Webinar 19th APRIL 2024
The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in a series of cases. Proper representation of a claimant depends on the lawyer knowing, in some detail, how…