News & Blog
November 16, 2010 Posted By Susan A. Romano Contracts
In todays' market, getting a customer to agree to utilize your goods or services may only be half the battle in closing a mutually agreeable deal. Negotiating the terms of the deal can at times prove to be more difficult than convincing a customer to use your services. Conflicts over price, delivery terms, deadlines, materials, labor, or quantity may arise. Read More
November 9, 2010 Posted By Douglas R. Rosenzweig Trial Practice
According to a recent New York City Bar Association Formal Ethics Opinion, a plaintiff's counsel may not agree to hold a defendant harmless from claims arising out of the defendant's payment of settlement consideration, and the defendant's counsel may not ask plaintiff's counsel to provide such financial assistance. Click Here for a complete copy of the opinion. Read More
Joe French honored as a featured speaker at UNC Chapel Hill
November 5, 2010 Posted By News
At a recent luncheon on October 29, 2010, Joe French spoke to a group of Honor students at his alma mater, the University of North Carolina at Chapel Hill regarding legal careers. Joe is a 1979 graduate of UNC-CH.
November 3, 2010 Posted By Joseph A. French Trial Practice
During jury selection many prospective jurors often raise the issue of the large award a woman won years ago by suing McDonalds after she spilled hot coffee and scalded herself. This past week, however, the Second Circuit appears to have iced a hot tea claim brought in Federal Court against Starbucks. Moltner v. Starbucks Coffee Company, 09-4943. CV (2d. Cir. 2010). Read More
October 25, 2010 Posted By Barry Meade Trial Practice
The State of New York Court of Appeals, the state's highest court, previously looked at whether the Immigration Reform and Control Act (“IRCA”), a federal law created to regulate immigration, supersedes New York State’s Labor Law and prohibits undocumented alien construction workers injured as a result of a violation of the state Labor Law from recovering lost wages in personal injury lawsuits. The short answer was NO.
September 29, 2010 Posted By Rosalyn Maldonado Contracts
How do you get paid in this tough economic climate? This is the rising concern for many businesses today and the starting point in answering this question rests in the terms of your contract. Read More
September 17, 2010 Posted By Douglas R. Rosenzweig Construction Claims
Our firm is about to argue an appeal during the Appellate Division, First Department's October Term which will further define the limits of Labor Law 240(1) liability in connection with falling objects. In the underlying claim, it is undisputed that workers were deliberately removing plywood forms from the building under construction. These forms fell to a courtyard below injuring the plaintiff. Plaintiff moved for summary judgment and the motion was denied. Plaintiff has appealed and in our respondent's brief, we argue that the since the plywood was deliberately dropped, there is a question of fact as to Labor Law §240(1) liability. Read More
August 23, 2010 Posted By Lance E. Benowitz Construction Claims
In the not too distant past, it was settled law that a fall from a ladder would not necessarily impose liability under Labor Law §240(1). The law was relatively clear that not every worker who fell from a ladder at a worksite would give rise to liability under the strict liability provisions Labor Law §240(1). See Blake v. Neighborhood Housing Services of New York City, Inc., 1 N.Y3d 280, 803 N.E. 2d 757, 771 N.Y.S.2d 484 (2003). Read More
July 30, 2010 Posted By Jenna E. Elkind Construction Claims
Everyone who owns a home has probably wondered what happens if a repair worker they hired gets hurt while working on their property. Read More
French & Casey, LLP Article Featured in Scaffolding Industry Magazine
July 16, 2010 Posted By News
The July 2010 issue of Scaffolding Industry Magazine features an article authored by Douglas Rosenzweig and Joseph French entitled, "Sidewalk Bridges and the General Public, How to Minimize Liability for Trips, Slips and Falls Underneath Sidewalk Bridges." Please contact the firm if you would like a copy of this article.