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The client was furious. While making a delivery, his employee of many years was involved in a trucking accident. No one was injured, and the accident did not cause third-party property damage. The driver had driven off the road over ...

Tagged with: Advocate's View Paul Leclair

Attorneys help their clients forge a path to the future, and nothing is as affirming as when a client says their attorney gave them hope in what was an otherwise indecipherable dilemma. Helping people with problems is what attorneys do. ...

Tagged with: Advocate's View Paul Leclair

For the litigating attorney, there are many piece parts to keep track of in preparing for trial, but one to include in an attorney’s check-list for state court trial preparation is the obligation of CPLR 3116. A litigator must contend ...

Tagged with: Advocate's View

The employment at-will doctrine withstood another challenge. Last week on May 8, the New York Court of Appeals affirmed the First Department and rendered a decision refusing to create an employment at-will exception for a corporate compliance officer who complained ...

Tagged with: Advocate's View

Making an attorney fee application causes me considerable angst. Even though the application comes on the heels of a successful outcome, it is too personal. While the primary litigation is certainly a test of an attorney’s substantive knowledge, experience and strategic acumen ...

Tagged with: Advocate's View

While drafting answers to a complaint, identifying affirmative defenses often has been nothing more than a brainstorming session and a quick run through pleadings forms to be sure that you included all those that may apply.

Tagged with: Advocate's View Expert Opinion

Very interesting facts in a recent Appellate Division, Fourth Department case call into play certain ethical obligations to which litigators must always pay heed in their practices.

Tagged with: Advocate's View Expert Opinion

Chalk one up to Lord Byron’s adage that truth is stranger than fiction. In a case involving a former husband and wife, the New York State Court of Appeals recently rendered a decision finding the defendant wife presented facts sufficient ...

On May 5, the New York State Court of Appeals reversed the Appellate Division, Fourth Department in the Article 78 case of Matter of Infante, as Administrator of Estate of Rosemary Infante v. Dignan, MD, Medical Examiner, __NY2d__, 2009 WL ...

A recent Fourth Department decision, with two justices dissenting, reminds litigation attorneys of the difficult standards of review that govern in Article 78 proceedings, but also of the need to zealously take every opportunity to present facts that put a ...

On May 8, the New York State Court of Appeals rendered a 4-2 decision in Pludeman v. Northern Leasing Systems Inc., holding that the requirements of CPLR 3016(b) — a litigant must specifically plead a cause of action in fraud ...

Preparing a party’s financial damages claim for trial can be an anxiety-provoking experience. In a non-personal injury setting involving financial damages, there are many issues. Some critical ones include the appropriate measure of damages, the tension between using your client ...