I read the latest appellate (appeals) level cases relevant to my areas of law practice and interest pretty much as soon as they're published. Let's talk about one that has me scratching my head.
Published on March 1, 2011 is…more
Jennifer Esposito, age 39, has brought a medical malpractice lawsuit against her plastic surgeon, David Anthony Colbert, M.D., and his medical practice, the New York Dermatology Group. Her attorney claims that a laser treatment…more
Creative accident lawyering that didn't work; maybe the lawyer was a little too creative.
This case out of Brooklyn, New York, and decided by an appeals court on April 19, 2011.
A Brooklyn mother (plaintiff Marcella…more
Names will be changed to protect the stupid. Plaintiff A.W. sued New York University because he was play-wrestling with another student and was pushed into a kiddie pool filled with jell-o, injuring himself. This was after he…more
The Case: "Mike" worked for an electrical contractor for over 15 years. In his younger years, he worked installing electrical boxes and running electrical wiring and cable. This was a physically demanding job. As he grew older,…more
The last thing on your mind as you buy your precious child a new toy is the consideration of whether the toy could give your child lead poisoning. Many toy production companies outsource their manufacturing to China, where labor…more
Each year, over 3 billion prescriptions are dispensed in the United States. Patients depend on these medications for their well-being, and it is important that the dispensing pharmacy accurately fills each prescription with the…more
The general rule in New York insurance law (and just about everywhere) is that there is no insurance for acts done on purpose that may injure you or others, know as “intentional acts.” For example, if I assault you – say I punch…more
Structural injury to brain tissue is easily suffered if the bicycle rider does not wear a bicycle helmet. Upon impact to the head, a child's brain bounces around inside the skull, and can bleed from the brain, from damaged brain…more
While your attorney doesn't need the best website or the greatest blog, he or she should be computer literate and not stuck in old technologies. Unfortunately, clients must sometimes protect themselves, which is not the way it's…more
You may think you risk your life riding in a New York City taxi cab. We’ve all seen taxi drivers portrayed on television and in movies as barely speaking English and reckless drivers. However, a recent study shows that New…more
In a press release, United States Secretary of Transportation Secretary Ray LaHood announced new Federal guidelines yesterday (January 27, 2010) to prohibit interstate drivers of large vehicles, such as trucks and buses, from…more
Missouri teenager Jimmy Winkelmann had a cute and clever idea, as teenagers often do. The 19 year-old needed help paying for college and decided to start a line of clothing that parodied mega-clothing maker The North Face. Now…more
MySpace. FaceBook, etc. By now you've no doubt read about companies that check out prospective employees' social networking sites over the Internet. Is the job applicant shown in photos doing something incompatible with the…more
The point of this article is to observe the never ending give and take that is No-Fault serious injury threshold litigation. The insurance companies are always on the lookout for ways to convince a judge that the injured car…more
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