Author Archives: Special to The Daily Record

Insurance and Injury Corner: The latest update in dog bite cases

Christopher J. Lattuca

Few legal topics make for better cocktail party discussion than dog bite cases and the infamous “vicious propensity” rule. After all — and stop me if you have heard this before — dog owners are only liable for the injuries ...

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Western District Case Notes

Kevin Hogan

This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Removal and Derivative Claims In Jones v. Koch, No. 20-cv-1730-JLS (Dec. 9, 2020), the Court ordered the ...

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IP Frontiers: The Copyright Alternative in Small-Claims Enforcement (CASE) Act

Christina E. Brule

The Consolidated Appropriations Act 2021 (the “Act”), a.k.a. the Coronavirus Relief Bill, was signed into law on Dec. 27, 2020. In addition to COVID-19 relief, the Act includes several provisions that will significantly influence intellectual property law. This article will ...

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Snapshot of commercial litigation amid a pandemic

Dale A. Worrall

Late last year, Dale A. Worrall, a member of Harris Beach’s business and commercial litigation practice group, litigated a two-week bench trial in Cooperstown. All the lawyers wore masks. Whenever the lawyers had to touch exhibits, they had to wear ...

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Attorneys predict employment litigation issues to gain traction post-pandemic

Stacey Trien

While the COVID-19 pandemic put employment litigation matters on hold last year, local attorneys expect it to not only resume, but pick up substantially as employment issues related to the pandemic come to the forefront in the short-term. Jeffrey Calabrese, ...

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Mediation allows for creative solutions benefitting all parties

David Cook

COVID-19 has impacted litigation across the board, with economic uncertainties and delays getting trial dates prompting some clients to settle or mediate cases rather than having their day in court. David Cook, a partner with Phillips Lytle LLP, says he ...

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Commentary: A final end to an un-gentlemanly agreement

Anthony Adams

Two months ago, Major League Baseball announced it would recognize players from seven Negro Leagues that operated between 1920 and 1948 as “major leaguers” for historical and statistical purposes. That symbolic act — nearly all the affected players are long-deceased ...

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Insurance and Injury Corner: Basics of the primary assumption of risk doctrine

Patrick D. Leavy

Although this winter season is certainly not over, last week we were reminded that spring is not far off as pitchers and catchers reported to spring training facilities across the country. With the start of spring training, and baseball’s opening ...

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