Tweet Chief Administrative Judge Lawrence K. Marks of the Courts of New York State delivers testimony during a joint legislative budget hearing on Thursday, Feb. 4, 2016, in Albany, N.Y. (Photo/Hans Pennink) [Huge update at the end as NY suspends new jury trials, both civil and criminal] New York’s Chief Administrative Judge, Lawrence K. Marks, issued a memo late Thursday to the judicial system about procedures to deal with COVID-19. Short story, the courts are still open and there is no suspension of jury trials. Yet. But there’s a tantalizing morsel I want to discuss. There are the six paragraphs, of which I will deal only with the 5th. Because it deals with procedures to reduce attorney traffic inside the courts: (1) Intro; (2… [Read More...]
Male Pedestrian Struck and Killed on Kearny Mesa Off-Ramp
A male pedestrian was killed in an accident in Kearny Mesa on Interstate 15. According to KUSI News, the crash, involving a Nissan Altima, happened around 1:40 a.m. near the Aero Drive off-ramp from I-15 south. The driver of the Nissan remained at the scene of questioning, and told the officer, that he had struck the pedestrian near the start. The pedestrian has not been identified. The team at Harris Personal Injury Lawyers send our deepest condolences to the friends and family involved in the accident. The post Male Pedestrian Struck and Killed on Kearny Mesa Off-Ramp appeared first on Harris Personal Injury Lawyers. [Read More...]
Tesla Crashes into Danville Sushi Restaurant
A Tesla crashed into a Danville sushi restaurant, “Fish on Fire,” located in the Danville Town and Center Shopping Center, on Wednesday morning. The cause of the accident has yet to be announced. No injuries have been reported from the accident. Police are investigating the crash further, according to NBC Bay Area. If you or someone you know has been injured in an accident caused by a negligent driver, contact the skilled Danville accident attorneys at Harris Personal Injury Lawyers today to see how we can help you. The post Tesla Crashes into Danville Sushi Restaurant appeared first on Harris Personal Injury Lawyers. [Read More...]
Labor and Immigrants and Injuries, Oh My!
Building the Empire State Building This piece is about the importance of New York’s Labor Law for people who work at heights, but it starts in faraway Boston. It starts there because the story from the Boston Globe is shocking, and it should wake folks up to what goes on behind the scenes. The basic story is simple enough: Jose Martin Paz Flores had a job taping drywall for Tara Construction. He fell off a ladder and broke his femur in March 2017. The injury required immediate surgery. “But Paz — a father of five — could not get compensation for that injury because the company’s workers’ compensation insurance policy had lapsed.” What to do? The owner of Tara Construction, Pedro Pirez, decided to make … [Read More...]
Words You Should Never Use
Over the weekend, W. Virginia Chief Justice Beth Walker tweeted out a list of words that are banned from her opinions. It’s a good list, and one that all lawyers should note, as these words don’t belong in briefs either. I’ve written before about crappy legal writing, from both the bar and the bench. It’s not that concise writing will necessarily win your client’s case but that at least your arguments can be appreciated. Far worse than writing a losing argument is writing an argument that isn’t even read because it makes the eyes glaze over. Lawyers are (in)famous for cluttering our letters and briefs with pretentious, and wholly unnecessary, language, thereby distracting from the point. A good quote to keep… [Read More...]
Don’t Let Potholes Get You Down
While there are hundreds of remarkable things to see and do in New York City, there is an endless supply of not-so beautiful things—like the potholes that litter our streets. Not only unpleasant to behold, they are a serious hazard that can ruin vehicles and cause crashes. The good news is you can seek compensation for relatively minor issues like damage to your tires and rims from the City; the bad news is there are restrictions on them. When a person is seriously hurt in a crash due to a pothole, the situation becomes more complicated. That’s when you need a top NYC injury attorney on your side to make sure your rights are protected. You have a narrow window for filing a claim against the … [Read More...]
Philip Russotti Talks About Birth Injuries
Birth injuries are one of the areas of medical malpractice that Wingate, Russotti, Shapiro & Halperin, LLP, specializes in. The top New York personal injury firm understands all aspects of the process leading up to delivery, whether it’s properly assessing a mother prior to delivery, the circumstances under which delivery should be expedited through an emergency C-section, or the proper way to resuscitate a baby. Philip Russotti, a partner with WRSH, talked about the firm’s expertise in a series of YouTube videos. Here’s what he had to say: Why Wingate, Russotti, Shapiro & Halperin, LLP? “[We have handled] a failure to have the correct preterm care, the failure to properly watch fetal heart strips during labor, and the failure to properly resuscitate an infant after birth, … [Read More...]
FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED
Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE In Blake v Mad Max Ltd [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a useful guide to some issues that are often disputed. THE CASE Mr Blake died from mesothelioma at the age of 61. His widow brought an action. Liability was agreed, the judge had to decide a number of disputed issues relating to damages. DAMAGES FOR PAIN SUFFERING AND LOSS OF AMENITY The judge was presented with a number of cases. He concluded that the correct award was… [Read More...]
The Unjust “Sporting Theory Of Justice” In Federal Courts
Over a century ago, in 1906, law professor Roscoe Pound outlined “The Causes of Popular Dissatisfaction with the Administration of Justice” in a speech to the American Bar Association. After conceding “dissatisfaction with the administration of justice is as old as law,” Pound went on to perform a “diagnosis” of the “more than the normal amount of dissatisfaction with the present-day administration of justice in America.” One particularly “potent source of irritation” was “our American exaggerations of the common law contentious procedure,” which produced a bizarre, unjust, and “sporting” sense of justice: It grants new trials because by inability to procure a bill of exceptions a party has lost the chance to play another inning in the game of justice. It creates vested rights … [Read More...]
Watch “The Bleeding Edge” And Demand Medical Device Safety Reform
Imagine if lights, kitchen equipment, and home electronics didn’t need to be tested for electrical shock and fire hazards, and that no one ever certified that the devices were safe. Would you put them in your home? What about a car that had just one crash test, at low speed, and Congress had passed a special law making it impossible for anyone to sue the car company, so the company couldn’t be held responsible for people’s injuries? Would you put your family in one? Yet, those examples above describe the state of the $156 billion American medical device market. Most medical devices aren’t tested with clinical trials. The medical devices which are tested can pass with a minimal showing, and Congress passed a special law that says … [Read More...]
Top on the Job Injuries that Lead to New York Workers’ Comp Claims
Anyone who’s ever held a job knows that it’s all too easy to get injured while at work. Whether it’s a bad burn, a slip or fall, or even stress, workers’ compensation (more commonly referred to as “workman’s comp”) is insurance that will cover the cost of lost wages and medical expenses should an accident occur. If you are ever injured at work and decide to make a worker’s comp claim, it’s essential that you understand that you then automatically give up your rights to sue the employer. Of all the accidents that occur in the workplace, a few that crop up time and time again. The top five job injuries that lead to New York City workers’ comp claims are: • Overexertion. The most common types … [Read More...]
Roadpeace AGM is being held at Fieldfisher on Friday 17th
This is a fantastic charity providing support and advice to those unfortunate to be involved in road traffic accidents. The afternoon conference which is open to all starts at 6pm and includes the campaign to improve police investigations and various parliamentary guest speakers. Drinks and nibbles will follow on the terrace. [Read More...]
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