By Rhonda Kay, Partner, Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz; In Edwards v. Erie Coach Lines Co. (17 N.Y.3d 306, 929 N.Y.S.2d 41 [2011]) The New York Court of Appeals clarified choice of law analysis in a multi-party case. New York’s choice of law analysis, commonly referred to…
By Anthony Gair; Resolution of whether a plaintiff has a viable action pursuant to 42 U.S.C. §1983 turns on whether the applicable state statute is inconsistent with the Constitution and laws of the United States; Robinson v. Wegman, 436 U.S. 584, 98 S. Ct. 1991 (1978) citing 42 U.S.C. §1988.…
A Missouri jury returned a medical malpractice judgment of more than $1 million in favor of the parents of a boy who died during birth at St. John’s Regional Medical Center in Joplin before an emergency C-section was performed. San Francisco wrongful death lawsuit against BART police will proceed despite…
Jeffery Bloom will participate in The 2012 Issues In Neonatology Symposium sponsored by Winthrop-University Hospital to be held March 8, 2012 at the Garden City Hotel, 45 Seventh Street, Garden City New York. Jeffery will take part in; The Mock Trial: A Case of necrotizing enterocolitis (NEC) Moderator and Judge:…
In McCallister v 200 Park, L.P., 2012 NY Slip Op 01595, decided 2/28/12 The Appellate Division, Second Department, granted the motion by the plaintiff construction worker for summary judgment on his 240(1) claim despite the fact that the base of a scaffold which fell and struck him was at the…
Howard S. Hershenhorn Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz Thomson Reuters, in an article entitled, “Crane collapse trial could be uphill battle for prosecutors” quoted Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf partner, Howard S. Hershenhorn, on the difficulties of prosecuting the 2008 crane collapses in Manhattan that…
Relatives are suing the nursing home where a 77-year-old dementia resident walked away from last month and later died. International drug maker Teva Pharmaceuticals will pay more than a quarter billion dollars to settle most of the lawsuits arising from Southern Nevada’s hepatitis C outbreak. A woman who had a…
In Kempisty v 246 Spring St., LLC, 2012 NY Slip Op 00901, Decided on February 9, 2012, New York Appellate Division, First Department, The Court modified the decision of the lower Court dismissing the plaintiff’s 240(1) claim to the extent of reinstating the § 240(1) claim and granting plaintiff summary…
This presentation is part of the New York State Bar Association Construction Site Accidents seminar 2011. Howard Hershenhorn is a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. Mr. Hershenhorn has extensive experience in high profile personal injury cases in the areas of medical malpractice, automobile accidents,…
A California resident traveling board the Holland America Line’s Rotterdam cruise ship sues the company for negligence. Jury selection is under way in a multimillion-dollar medical malpractice lawsuit against Indian River Medical Center, having to do with an infant born dead to a St. Lucie County couple in 2008 who…