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In For a Penny, Out For a Pound, Due to an Exclusion Mishap
Attorneys Michael J. Dischley and Lawrence M. Ross examine choices made by subcontractors or vendors in selecting commercial general liability insurance coverage that can unexpectedly harm the owner/general contractor, let alone, the subcontractor.
CLM Magazine: The Jury Has Returned
Attorney V. Christopher Potenza was featured on the cover of the August 2020 edition of CLM Magazine providing insight on how the pandemic will impact the make-up and mindset of potential jurors.
Who’s on First? A Primer for Assigning Sidewalk Duty
The question “Who's on First” is a good one in determining who is responsible to an injured party in New York City and other areas of the state where liability for sidewalk accidents is placed by statute on the owner of an abutting property.
Legislative Updates - June 2020
With the New York lawmakers returning to work, the NYS Legislature has been working to address a number of timely issues, including the (until recently) quickly dwindling CVA lookback window and a multi-bill package intended to reform New York's various law enforcement agencies.
Law360: "Expert Analysis: Motions To Compel Video Deposition May Face Barriers In NY"
Hurwitz & Fine Attorney Eric D. Andrew wrote an article for Law360 discussing this new litigation issue, in light of the coronavirus pandemic.
The Right To Refill, Senate Bill S. 6813 and an analysis of a plaintiff’s right to litigate anonymously.
A pending bill was just introduced at the end of October 2019 that has some interesting implications on the restaurant industry. In addition, there are new rulings on issues arising under the Child Victims Act—recently, out of New York County, the Court engaged in a multifactor examination of a plaintiff’s right to litigate anonymously.
U.S. Supreme Court Will Not Rule on Sandy Hook Preemption, Permits Gun Suit to Proceed
UPDATE: The United States Supreme Court denied Remington’s petition for review, leaving in place a ruling by the Connecticut Supreme Court permitting a lawsuit to proceed against the gun manufacturer for the Sandy Hook massacre.
Legal & Claims Concerns Raised by 3D Printing & BIM
Attorney Earl Cantwell is featured in the September/October 2019 CFMA Building Profits magazine.
Navigating Liability Risks and the Litigation Process with and for Your Client
It is important to help your client develop realistic expectations early on about the case to be litigated. Your perspective can be invaluable in counseling your client as to the ultimate question of whether this particular case should be tried to verdict, or, resolved in some other fashion.
Anastasia McCarthy Featured in Buffalo Rising on Food Delivery Apps
"Food delivery apps serve up short-term convenience, but come with risk -- Examine the popular service through a legal lens" in July 18, 2019 edition of Buffalo Rising.
Bicycles with Electric Assist and Electric Scooters Could Soon Be Under New Law Regulations
An act awaiting the Governor's signature gives individual municipalities authority to decide whether (and if so, to regulate the use of) e-scooters and electric assist bicycles may be used and rented within the municipality’s boundaries. The law applies to bicycles and scooters owned by individuals and those provided by ride-sharing companies.
Choose Your Own Adventure: Important Legislative Changes Impacting the Defense of Civil Claims
Two amendments passed the legislative session: one requires a defendant to choose before trial whether to take the liability offset of the monetary amount of the settlement or the still unknown liability percentage of the settled defendant to be determined by the jury; the other amendment permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.
No Excuses: New York Repeals Religious Exemptions to State Immunization Requirements
A new law passed just last week, which repeals religious exemptions to New York’s otherwise mandatory vaccination requirements for children entering schools and daycares throughout the state. We've provided clarification on the details of this law and what it may mean to you.
Amber Storr featured in Buffalo Law Journal
"Adjusting Just Fine--attorneys enjoy the intellectual challenges of appellate law. And new specifics for briefs and filing seem like a natural progression" in June 17, 2019 Buffalo Law Journal.
Get Out of Purgatory: How to End a Claim Where a Plaintiff has Died and No Estate Has Been Substituted to Continue the Lawsuit
Defense counsel deal with a myriad of issues in tort and premises liability cases which lead to undue delays. However, there is one type of delay that can seem to progress eternally slow, one where the named plaintiff has died.
Court of Appeals addresses burning question: Is a coke oven a product or a structure?
All About Airbnb
Now that spring is underway and many people are planning vacations, there are a lot of questions about liability, injury and coverage surrounding Airbnb.
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