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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 she sustained extensive injuries in the fall and that the…

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 drug companies to claim that plaintiffs’ cases are “preempted” and…

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. (Photo/Hans Pennink) [Huge update at the end as NY suspends new jury trials, both civil and criminal] New York’s Chief Administrative Judge, Lawrence K. Marks, issued a memo late Thursday to the judicial system about procedures to deal with COVID-19. Short story, the courts are still open and there is no suspension of jury trials. Yet. But there’s a tantalizing morsel I want to discuss. There are the six paragraphs, of which I will deal only with the 5th. Because it deals with procedures to reduce attorney traffic inside the courts: (1) Intro; (2…

Want to Understand the Constitution? Don’t Ask a Lawyer!

Most Americans say the Constitution is important. Most Americans say it’s crucial for the government to stay within its constitutional bounds. But what exactly are the constitutional limits on federal power? How do we know? Well, whatever you do, don’t ask a lawyer. Most of them know very little about the Constitution. I can already hear some people protesting. Lawyers know a lot about the Constitution. They learn constitutional law, for goodness sake! But read closely what I wrote. I didn’t say they don’t know a lot about constitutional law. I said they typically don’t know a lot about the Constitution. There’s a huge difference. Constitutional law is made up of a bunch of lawyers’ opinions about what the Constitution means. But that’s not how you understand …

5 Holiday Safety Mistakes

There’s a lot of safety precautions that go into the holidays. We have to be careful with how we cook our turkeys, that we put out candles in the house, that appliances are running smoothly. But one area many people may forget is the safety of string lights on the outside of your house. There are some common issues that you may not even realize you have going in your light set up.  1. Extension cords Did you know that not all extension cords are created equal? Using extension cords to get all your lights properly working during the holiday is common but you need to make sure you’re using the right one. Check to make sure your cords are marked for proper use and you’re using them …

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Sexual Abuse by Catholic Church Clergy is a Global Crisis

USAG sexual assault attorney Mick Grewal discusses the global crisis of child sexual abuse by Catholic Church priests, cardinals and other high-ranking officials. The Catholic Church sexual abuse allegations in the U.S. may be more conspicuous than in other nations – especially given the lack of action and response from the Catholic Church – and the “sophisticated criminal cover up” by the Church. However, more and more sexual abuse allegations from around the world are coming to light, and it is clear that the Catholic Church sexual abuse scandal is a global crisis. Instances of alleged child sexual abuse by Catholic priests, nuns and other members of the Church’s hierarchy in the 1900s and 2000s have been widespread and have led to many investigations, …

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As E-Scooters Spread, California Disability Advocates Sue over Right to the Sidewalk

People with visual and mobility disabilities are being denied “their right to travel freely and safely on public walkways” as a result of an “onslaught of unregulated dockless scooters.”…By: Chambliss, Bahner & Stophel, P.C.

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7 Ways To Drive Safely Near Commercial Trucks

When you think about driving on interstates with speeding vehicles and commercial trucks that could cause an accident at any second, you realize there is danger all around us. We like to think we’re safe, but the reality is a tragedy can strike at…By: The Roth Firm

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Your Daily Dose of Financial News

Just days after Facebook announced its shift to more private communications, the company’s chief product officer (and longtime Zuck inner-circler) Chris Cox and WhatsApp head Chris Daniels are both heading out the door, adding uncertainty to an…By: Robins Kaplan LLP

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How to Document the Scene of a Motorcycle Accident

Motorcycle accidents cost the United States billions of dollars each year in medical bills, emergency services, and property damage. Those who are injured in these cashes are often entitled to compensation for their healthcare expenses and other costs, but for such a claim to be successful, the injured party must be able to prove liability. This starts with gathering evidence at the scene. Read on to learn a few tips for documenting the scene of a motorcycle wreck: Call the Police Police who respond to the scene will draft an accident report, which will serve as a critical piece of evidence during the subsequent claims process. Most major insurance providers will not process a claim without an official report.  Look for Eyewitnesses  While waiting for police to …

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Can You Get Workers’ Comp for Being Mauled by a Rhino?

Working alongside 4,000-lb wild animals may seem like an inherently dangerous job. And wildlife lovers may not have a whole lot of sympathy for a zoo employee injured by an animal that has already tried to escape twice and should be roaming free in the grasslands of Central Africa. But a female zookeeper struck by “Archie’s” horn at the Jacksonville Zoo and Gardens is probably just wondering if she can get paid for the time she’ll miss work. Archie Nemesis Most employers are required to carry workers’ compensation insurance, which reimburses employees for lost wages due to a work-related injury. A “work-related injury” is generally defined as one suffered while doing something on behalf of your employer or otherwise in the course of employment. While …

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Pro Te: Solutio – Vol. 12, No. 1

Welcome to 2019! We hope that your New Year’s resolutions included time to sit down and enjoy our latest edition of Pro Te: Solutio. We have three intriguing articles in this edition, which are sure to provide useful information. The first article,…By: Butler Snow LLP