Recent Blog Posts
Testing the Limits of the Doctor-Patient Privilege
It is important for patients and doctors to trust each other. Patients need to be able to confide in their doctors and tell them everything that might be relevant to their condition, so that the doctors can diagnose and treat them correctly. The law recognizes the need for this confidential relationship and treats certain… Read More »
Social Hosts Not Liable for Drunken Party Guest Involved in Auto Accident
Landowners have a general duty to act reasonably to prevent harm to people on their property. This includes controlling the conduct of third parties on their premises, if they have the ability to do so. However, this duty does not include preventing people from leaving the property, even if they are visibly intoxicated and… Read More »
When is Negligence Gross?
Gross negligence is a legal term of art. In other words, the phrase “gross negligence” has a particular meaning when written into a statute or argued about in a court of law. Ordinary negligence is usually defined as the failure to act with the same level of care that would be expected of any… Read More »
Court Establishes Different Standards of Negligence for Emergency Vehicles
Generally speaking, emergency vehicles (police cars, ambulances, fire trucks) are supposed to obey the rules of the road just like everybody else. Of course, these rules do not apply during an actual emergency. When an emergency vehicle is operating with its lights or sirens flashing, it is allowed to speed, run a red light,… Read More »
NYC Nightclub Brawl Yields Another Personal Injury Lawsuit against Chris Brown, Drake
Model Romain Julien is the latest notable to file a lawsuit for injuries sustained as an innocent bystander to a barroom brawl that erupted between the entourages of two well-known celebrities at a New York City nightclub in June. Julien claims he received several lacerations when the combatants started throwing bottles at each other,… Read More »
“No Special Duty” Court Dismisses Wrongful Death Lawsuit Despite Unheeded 911 Calls to New York City Police
Back in 2008, a 90-year old Staten Island man died shortly after being mauled in his backyard by a couple of pit bulls which belonged to his neighbors. In the three months prior to the attack, nine separate 911 calls had been made by neighbors about unleashed dogs roaming the neighborhood. Based on the… Read More »
New York City and State Officials Caught Up in Sexual Harassment Claims
Two notable sexual harassment cases are currently in the news. New York State Assemblyman Vito Lopez has lost his leadership position in the Assembly and may eventually face criminal charges, while a New York City Police Department Deputy Chief is defending himself in a civil lawsuit brought in federal court in Brooklyn. New York… Read More »
Class Action Lawsuit filed by the United States Against New York City Regarding Rights of Police Officers Following Return from Military Service
Earlier this month, the United States filed a class action lawsuit against the City of New York for violations of the Uniformed Services Employment and Reemployment Rights Act of 1994, commonly known as USERRA. USERRA is a federal law guaranteeing certain employment rights to National Guard and other military servicemembers who are called into… Read More »
Fatal Fall in Manhattan Apartment Building Stairwell Ruled Accidental
The death of a young woman in a Manhattan apartment building earlier this week has been ruled accidental. Carlisle Brigham, 29, was found bleeding from her neck in a stairwell of an apartment building on Manhattan’s Lower East Side. Her death was apparently caused by a fall down the marble stairs. This story has… Read More »
Vehicle Rollover Accident Causes Serious Injuries, Death
In a horrific car crash on the Van Wyck July 29, two children and three adults were killed, and three others injured, when the 2008 Mercedes Benz SUV they were traveling in slammed into a concrete pillar or pole, flipped over several times, and then caught fire. While speed was likely the main factor… Read More »