In a case involving a high school student who was severely burned in a science class experiment gone awry, plaintiff’s counsel portrayed in detail the pain and anguish plaintiff suffered through during his months in hospitals and inpatient care. The jury awarded a record-breaking verdict of $59 million for past and future pain and suffering. New records are being broken too often with the rise of Nuclear Verdicts™.
December 27, 2021 brought a shift in vaccination requirements for New Yorkers. Businesses and employees should be aware of their new obligations. More employees are now required to be vaccinated. Employees in eligible positions must take specific steps, and businesses are required to demonstrate their employees have taken such steps. Businesses who do business with independent contractors should also be aware of special requirements.
New York Governor Kathy Hochul recently signed Senate Bill 2628 into law. Senate Bill 2628 provides for a higher level of protection for workers regarding electronic monitoring. This new bill “requires prior written notice upon hiring and once annually to all employees, informing them of the types of electronic monitoring which may occur.”
During the pandemic, many businesses felt the impact of government regulations. With regulations like curfews, mask mandates, and changing capacity limits, businesses have experienced upheaval throughout the pandemic. Legal ramifications for such situations are still evolving. In New Jersey, one restaurant argued that business revenue lost due to a takeout/delivery-only requirement was covered by its insurance policy.
On August 27th, the New York State Bar Association’s Emergency Task Force on Mandatory Vaccination and Safeguarding the Public’s Health (“Task Force”) released a report detailing its discussions on the COVID-19 vaccine. Among its many recommendations, the Task Force urged lawyers, employers, and their employees to get vaccinated, as well as teachers, students (when approved for their age group), and university students, faculty, and staff. In addition, the Task Force recommended vaccine access be provided in correctional facilities and in immigration detention facilities.
On March 12, 2021, Governor Andrew M. Cuomo signed a new law giving employees paid leave time to receive their COVID-19 vaccine. The law will remain in effect until December 31, 2022. Given the rise in highly transmissible variants of COVID-19, the need for vaccinations has never been more pressing. As employers and employees seek normalcy and a return to working in offices in the near future, this new law ensures employees have the flexibility and increased opportunity to go out and get the vaccine.
The state of New York is on the brink of making a costly mistake in regard to their unfair claim settlement practices. Following the lead of Florida and California, there is currently legislation that is on the fast-track to being passed in New York that would make it far easier to sue insurance companies for alleged “bad faith”. Additionally, Assembly Bill 5623 would also extend standing to third parties, which would allow them to bring direct causes of action against insurers. Looking at the big picture here, the passage…
This week, the New York legislature approved a measure that would narrows the legal immunity law that gave hospitals and nursing homes broad protections against potential coronavirus litigation. The immunity law, which was passed in Spring 2020, gave hospitals and nursing homes cover from possible lawsuits related to the coronavirus crisis. The new bill keeps the immunity law intact overall, but removes protections against…
Physician burnout has reached epidemic levels with no sign of decline in sight. More than 50% of physicians throughout the country experience burnout symptoms. This percentage is almost two times higher than that in other professions. Currently, the rate of physician burnout is anticipated to continue to increase over time.
In New York, 2019 has brought sweeping changes to the time limits applicable to matters arising from childhood sexual abuse. Through what is commonly known as the Child Victims Act (“CVA”), legal action for childhood sexual abuse will be available for longer periods of time and many civil cases previously barred by the passage of time may now be pursued by individuals alleging abuse suffered as children. New York is no longer one of the most…