By: Michael Seinberg Remember a while back when scientists fed some lab rats the equivalent of hundreds of pounds of saccharin and then slapped warning labels all over the stuff when they developed cancer? Well, a guy in Denver managed to do much the same thing and enriched himself and his highly creative lawyer in [...]
A recent ruling by the 2nd Department Appellate Division of the Supreme Court has recognized the “inherent risk” of injuries resulting from “ordinary and obvious” items in trash – a welcome measure of sanity in our state’s notoriously plaintiff-friendly legal system. Russell Wagner, a 25 year old Brooklyn sanitation worker, was performing his normal duties of residential trash removal when [...]
By: Michael Seinberg You’re out on your motorcycle for an early spring ride, just minding your own business when, from out of nowhere, an incredibly rude wild animal suddenly runs across the street. Not having supernatural reflexes, you hit the animal, an endangered Florida panther, and go flying, sustaining multiple injuries. The panther doesn’t even [...]
By: Scott Hobson As a consequence of its rather broadly defined scope and the sheer volume of litigation it generates, New York’s Scaffold Law is frequently the subject of judicial interpretation. Jurists have debated for decades about the boundaries of the law’s reach – what qualifies as “gravity-related”? When is “routine maintenance” not quite routine [...]
By: Michael Seinberg Night Moves, a strip club in Latham, NY has a case before the Appellate Division of the New York State Supreme Court to determine whether or not it owes some $400,000 in back taxes. At issue is whether sales tax should be collected on lap dancing. The state says yes and the [...]