school_child

When is A School District Liable for Physical Injury By One Student to Another?

In New York, it is well settled law that a school district is under a duty to adequately supervise the students in their charge and that it will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.  However, the school district is not an insurer of saf...
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deposition

What to expect when appearing at a New York deposition

Your appearance at a deposition can be an overwhelming experience.  This is especially true if you have never appeared at a deposition.  So what is a deposition?  Why is it necessary?  A deposition is a part of the discovery process authorized under Article 31 of the New York Rules of Civil P...
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The Legal Aftermath of 9/11 Continues a Decade Later

Related litigation resulting from the attacks of September 11, 2001 has soared to unimaginable levels. Correlated lawsuits include a total of more than 12,000 plaintiffs, 1,000 defendants and representation by more than 600 attorneys. A Federal law effective shortly after 9/11 resulted in the necess...
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Singer Bret Michaels’ Lawsuit Over On-stage Head Injury Moved to New York

A federal judge in Los Angeles recently ruled that Bret Michael’s lawsuit involving an accident that occurred at the 2009 Tony Awards should be heard in a New York where the accident took place.  The lawsuit stems from an incident at the Radio City Music Hall that Michaels’ claims nearly killed...
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The Cancer Scare Strikes Again: Cell Phone Radiation and the Ensuing Threat of Litigation

The International Agency for Research on Cancer (IARC), a branch of the World Health Organization (WHO), announced on Tuesday, May 31 some concerning findings. Cell phone usage, the radiation of which has now been classified as a carcinogen, may cause some forms of brain cancer. The study suggests t...
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Torts: Not always a bad dog? Then owners may be off the hook for the actions of their pets.

A plaintiff commenced an action seeking damages for injuries he sustained in a motorcycle accident when he attempted to avoid hitting the defendants’ dog, which had entered the road. The lower court denied defendants’ motion seeking summary judgment dismissing the complaint. The Supreme ...
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Defamation: How do I know if I have been defamed?

Defamation occurs in the form of libel or slander.  Libel is a publication, expressed in writing, printing or by symbols or pictures concerning a living person that is false and tends to injure one’s reputation by exposing him/her to public hatred, contempt scorn or shame.  Slander occurs when m...
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Paralyzed Chinese gymnast seeks $1.8 billion in compensation for paralyzing accident at 1998 Goodwill Games

 Chinese gymnast Sang Lan is seeking $1.8 billion in compensation for the pain and suffering that she has endured, as a result of someone attempting to move a mat from where she was about to land during warm-ups at the 1998 Goodwill Games in New York.  As a result, Ms. Lan claims that she was [&he...
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Torts: School district breached its duty to adequately supervise students in its charge

A student brought personal injury action against another student and the school district, seeking damages for injuries she sustained when she was stabbed in leg by that student on school grounds.  The Supreme Court, Appellate Division, Fourth Department, held that a school district breached its du...
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