Where is there no liability (on the part of the premise owner or operator)? Some facilities require patrons to sign waiver clauses or exculpatory clauses before partaking in the activities they offer. Whether these clauses will apply is fact dependent. The General Obligations Law section 5-326 explicitly voids certain exculpatory clauses. It specifically names “pools, … Read more Going Where There is no Liability
The drilling industry maintains that fracking is harmless to water supply, but scientific studies, including an old one by Environmental Protection Agency (EPA), show otherwise. Fracking is the procedure whereby water, sand, and/or toxic chemicals are imbued to the ground to break up rocks and release natural gas. For years, settlements between landowners and energy … Read more Fracking Contaminating New Yorkers’ Water?
Chantix, also known as Varenicline (var en’ i kleen), is a prescription grade smoking cessation tablet that is intended to be taken orally once or twice a day with a full glass of water and food. Chantix is typically prescribed for a 12-week period, at the end of which, it is anticipated that many people … Read more Prescription Smoking Cessation Drug Chantix More Trouble Than it’s Worth?
Spinal fusion surgery is a procedure to correct problems with vertebrae by basically welding them together and allowing them to heal into one solid bone. This procedure may relieve symptoms of back problems such as fracture, scoliosis, spinal stenosis, spondylolisthesis, and degenerative disk disease. The idea is to prevent pain by preventing movement. Some form … Read more Surgeons Who Tested Medtronic’s Infuse Bone Graft Swayed by Millions?
Susan Saladoff’s documentary Hot Coffee debuted this year in the Sundance Film Festival and premiered on HBO last night. It is about the tort reform movement in the United States and the public’s perception of various aspects of personal injury lawsuits. I urge everyone to watch this documentary. You can view it on another broadcast … Read more Hot Coffee Documentary: McDonald’s Coffee Case Exposed, Screening Worldwide Now
If you took the bar exam, you probably took a course to prepare for it such as BAR/BRI, Kaplan, Pieper, or Ameribar. These courses provide sample test materials and live or digital legal education and practical advice for passing the test in each state. Over the years, BAR/BRI has been accused of entering into agreements … Read more BAR/BRI and Kaplan Antitrust Action: Ongoing and Looking Better for Class Members
The court system already was, by many accounts, backlogged, slow, and overburdened. In March, the governor and legislature cut the judiciary’s budget by $170 million. All aspects of the judicial process will likely be affected by the cuts. Now most courtrooms shut down a half hour earlier every day. Effective April 18, 2011, some small … Read more New York State Budget Cuts Affect the Judicial System
New York State received a $3 million federal grant to implement a test program designed to encourage early (or earlier) settlement of medical malpractice cases. The program requires that a judge with training in medical issues be assigned at the beginning of a case and frequent settlement conferences be held. A nurse with legal training … Read more New York Settlement Conferences by Judges Supported by Obama Administration
It is impossible to deny that e-filing is becoming exponentially more prevalent in the lives of New York tort attorneys. Westchester County is a mandatory e-filing court for tort cases as of March 1, 2011 and some judges are calling for it in all city courts. For those who have not delved in, here are … Read more Filing Tort Cases in the New York State Courts Electronic Filing System (NYSCEF)
The proposed $250,000 cap on medical malpratice cases was eliminated before the latest New York budget was adopted. But the neurologically impaired infant fund was not. The new statute, Public Health Law § 2999-5[1], qualifies “birth-related neurological injuries” as “an injury to the brain or spinal cord of a live infant caused by the deprivation … Read more Limiting Recovery of Neurologically Impaired Infants in New York
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