Landowner not liable for payments to subcontractor
Federal environmental law does not hold the landowner of a contaminated property liable for payments to subcontractors when the general contractor hired for cleanup fails to make them. In a case of first impression, the U.S. Court of Appeals for the Second Circuit on Tuesday ruled the Comprehensive Environmental Response Compensation and Liability Act does […]
Court eyes liability for STD disclosure
ALBANY — While he’s identified only as John Doe in court papers, the man’s treatment for a sexually transmitted disease was revealed by a nurse at an upstate New York medical facility to someone who knew his real name — his girlfriend, who was also the nurse’s sister-in-law. Now New York’s top court is considering […]
Employee faces liability for ‘theft’ of South Carolina company’s Twitter followers
A federal judge on Monday gave the green light to a South Carolina employer’s lawsuit against a former employee who allegedly stole 17,000 Twitter followers from the company. The lawsuit was brought by PhoneDog, a South Carolina company that operates a popular website that reports on and reviews mobile phone products and services. Noah Kravitz […]
Is county liable for recycling center injury?
It is up to a trial court to determine if the extent of control Monroe County exercised over a recycling center is enough to hold it liable for injuries suffered by a worker. The county maintains it had relinquished all control of the recycling center on Lee Road to Metro Waste Paper Recovery U.S. Inc. […]
Darvon, Darvocet liability suits consolidated
A federal judicial panel has consolidated product liability suits involving the popular pain medications Darvon and Darvocet in the U.S. District Court for the Eastern District of Kentucky.
Exposure to Infectious Disease: Muckova M.D. v. State of New York
New York State Court of Claims Exposure to Infectious Disease Liability Muckova M.D. v. State of New York 2011-013-035 Judge Patti Background: The plaintiff doctor was infected with a highly contagious, drug resistant strain of tuberculosis during her initial residency at the Anatomical and Clinical Pathology at Strong Memorial Hospital. An inmate in the custody […]
Maryland appellate court rules landlord may be liable for pit bull attack
A landlord may be liable for injuries suffered by child in an attack by a tenant's pit bull, a Maryland appellate court has ruled in reversing judgment. The plaintiff's ten-year-old son suffered severe injuries ...
Securities: Standard Investment Chartered Inc. v. National Association of Securities Dealers
U.S. Court of Appeals, Second Circuit Securities Self-Regulatory Organizations — Liability Standard Investment Chartered Inc. v. National Association of Securities Dealers 10-945-cv Appealed from the Southern District of New York Background: This appeal is from an order of the district court granting the appellees’ Rule 12(b)(6) motion to dismiss. This case arises out of the […]
COA examines police liability
A case involving a police officer’s liability when operating an emergency vehicle will be argued this week before the New York State Court of Appeals. A Monroe County sheriff’s deputy rear-ended a vehicle ...
Liability, discrimination issues for holiday parties?
Businesses have to put the holly in holidays rather than the Christ in Christmas. Office holiday parties are a regular occurrence this time of year, but businesses have to stay neutral on having religion ...
Mich. woman may sue over toilet paper dispenser
DETROIT — A Michigan woman whose hand was broken while she was reaching for toilet paper can sue a restaurant over her injury. The case is dividing the Michigan Supreme Court. The court’s liberal majority says a jury should decide ...
Engineering firms put liability on the line for work
Imagine having to pay insurance on your neighbor’s car — one you didn’t purchase, maintain or even drive. You have no say in where they go, how they drive or the risks they take on the road. Imagine the neighbor drinks too much and hits someone, then the victim sues you.
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers