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Petition Highlights Problem of Third-Party Litigation Funding

Litigation is expensive. Litigants may turn to third-party funding for support. Such litigation financing can raise ethical concerns and has been criticized for exploiting litigants (personal injury plaintiffs in particular)...more

Construction Site Hazardous Openings Must be Guarded by a “Substantial” Cover

Labor Law § 241(6) imposes a non-delegable duty on property owners and general contractors to provide construction, excavation or demolition workers with proper safety precautions set forth in Part 23 of Title 12 of the New...more

New York State Court of Appeals Sides with Defendants in Three Labor Law Section 240(1) Cases

New York’s Court of Appeals sided with defendants in three recent decisions in cases alleging violations of New York Labor Law Section 240(1). New York’s Labor Law maintains particularly high standards for defendants that are...more

"Recalcitrant Worker" Defense to NY Labor Law § 240(1) a After Biaca-Neto

The New York Court of Appeals has just erected “new and impossible barrier[s]” for defendants to obtain summary judgment in personal injury cases arising under New York’s Labor Law. On February 18, 2020, the Court of Appeals...more

New York Court Declines to Adopt Market Share Liability in Foil Pan Case

A recent product liability case involving foil pans and market share liability is a win for the defendants. In a products liability action, identification of the exact defendant whose product injured the plaintiff is...more

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