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New York Senate to hold hearing on farmworker labor rights
ALBANY, N.Y. (AP) — The Democrat-led New York state Senate is holding the first of three hearings dedicated to proposals to expand the labor rights of farmworkers. Under current law, agricultural workers aren’t allowed to unionize to demand better wages or conditions. Legislation known as the Farmworker Fair Labor Practice Act would change that and […]
Fourth Department – Labor Law: Miller v. Webb of Buffalo
Appellate Division, Fourth Department – Labor Law – No Causal Relationship – Plaintiff’s Own Conduct Miller v. Webb of Buffalo CA 14-01716 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law and common-law negligence action after he sustained injuries when he fell from a first floor windowsill of a […]
New York State Court of Appeals – Labor Law: Saint v. Syracuse Supply Company
New York State Court of Appeals – Labor Law – Engaged in Alteration – Lack of a Guardrail Saint v. Syracuse Supply Company No. 35 Judge Rivera Background: The plaintiff challenged the dismissal of his claims arising from work-related injuries suffered while the plaintiff was engaged in the installation and removal of a […]
Fourth Department – Labor Law: Carr v. McHugh Painting co, et al.
Appellate Division, Fourth Department – Labor Law – Duty of Care – Gravity – Industrial Code Violations – Motion to Amend Carr v. McHugh Painting co, et al. CA 14-01267 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law action after he was injured while installing a door on […]
Fourth Department – Labor Law: Buhr v. Concord Square Homes Associates
Appellate Division, Fourth Department – Labor Law – Material Handling – Use of a Backhoe Buhr v. Concord Square Homes Associates CA 14-01641 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a Labor Law and negligence action after sustaining injuries while assisting in the repair of a broken water pipe at […]
Fourth Department – Labor Law: Mitchell v. NRG Energy
Appellate Division, Fourth Department – Labor Law – Safety Device – Issue of Fact Mitchell v. NRG Energy CA 14-00871 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law and negligence action arising from the death of the decedent who was killed when the dump box of a dump […]
Fourth Department – Labor Law: Zimmer v. Town of Lancaster Industrial Development Agency
Appellate Division, Fourth Department – Labor Law – Performance of Work – Use of a Ladder Zimmer v. Town of Lancaster Industrial Development Agency CA 14-01132 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law and negligence action seeking damages for injuries he sustained while attempting to repair a […]
Fourth Department – Labor Law: Floyd v. New York State Thruway Authority
Appellate Division, Fourth Department – Labor Law – Struck by Elevated Object – Hoisted or Secured Floyd v. New York State Thruway Authority CA 14-00046 Appealed from Court of Claims Background: The defendant appealed from a judgment in favor of the claimant on the issue of liability. The claimant was working on a […]
Fourth Department – Labor Law: Banks v. LPCiminelli, Inc., et al.
Appellate Division, Fourth Department – Labor Law – Presence of Safety Device – Partial Summary Judgment Banks v. LPCiminelli, Inc., et al. CA 14-01161 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law action after sustaining injuries when he attempted to lift a bundle of insulation to a coworker […]
Fourth Department – Labor Law: Nevilee v. Chautauqua Lake Central School District, et al.
Appellate Division, Fourth Department – Labor Law – Corrosive Substances – Protective Equipment Nevilee v. Chautauqua Lake Central School District, et al. CA 13-01946 Appealed from Supreme Court, Chautauqua County Background: The plaintiff alleged that the defendants violated Section 241 (6) of the Labor Law requiring that protective equipment be provided to employees [[...]
Second Circuit – Labor Law: Ramos v. SimplexGrinnell
U.S. Court of Appeals for the Second Circuit – Labor Law – Agency Deference in Interpretation – Scope Ramos v. SimplexGrinnell 12-4901-cv Judges Calabrese, Livingston and Chin Background: The plaintiffs appealed from the grant of summary judgment in favor of the defendant on breach of contract claims arising from the defendant’s failure to pay […]
Fourth Department – Labor Law: Miles v. Buffalo State Alumni Assoc., et al.
Appellate Division, Fourth Department – Labor Law – Elevation Differential – Toppled Cart Miles v. Buffalo State Alumni Assoc., et al. CA 13-02035 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law action after being struck by drywall that had toppled out of a cart. The cart also toppled over […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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