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Practical Tips for Negotiating Contracts

November 16, 2010 • Posted By Susan A. Romano • Contracts

Susan Blog

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.

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Recent Ethics Opinion on Settlement Agreements

November 9, 2010 • Posted By Douglas R. Rosenzweig • Trial Practice

ethics blog

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.  

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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.

Second Circuit Cools Off Hot Tea Claim

November 3, 2010 • Posted By Joseph A. French • Trial Practice

tea

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).

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New York State Labor Law Trumps Federal Law On Lost Wages For Illegal Immigrants

October 25, 2010 • Posted By Barry Meade • Trial Practice


barry blog

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.

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Practical Tips for Getting Paid

September 29, 2010 • Posted By Rosalyn Maldonado • Contracts

Ros Blog

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.

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Does Labor Law 240(1) Apply If The Object Which Hit Plaintiff Was Deliberately Dropped?

September 17, 2010 • Posted By Douglas R. Rosenzweig • Construction Claims

Scaffold

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.

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Ladders, What Are They Good For? Absolutely Nothing; At Least Under New York State Labor Law

August 23, 2010 • Posted By Lance E. Benowitz • Construction Claims

Man Falling From Ladder

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).

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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.