Summary Judgment Reversed - Worker's Injury, Worker's Fall from Ladder, Should be Heard by J
Injuries and accidents can occur most anywhere. Certain injuries can be life changing and one should speak to an attorney, not an infomercial transferring you to a radio operator, if someone suffers from an injury whether on the street, in a store or working on the job. For hardworking men and women, it is of vital importance that an employer, construction site manager, or person responsible for overseeing the work make sure that the worker is protected. Safety equipment and
Reasonable Accommodation Denied - Motion for Summary Judgment Granted to Defendants because Accommod
People have tremendous rights under the Human Rights Law (New York City, New York, etc.) Americans with Disabilities Act and its Amendments: The ADA requires that employers "mak[e] reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability." 42 U.S.C. § 12112(b)(5)(A). A reasonable accommodation "enable[s] an individual . . . to perform the essential functions of that position . . . [or] to enjoy equal benefits
Pro Se Injunction Request based on Prosecutor's Conviction Rating Denied
Attorneys, and more specifically criminal defense attorneys, are usually judged by their success. There is no multiple choice test that qualifies one attorney more than another but rather most are measured by their success rating - a criminal defense attorney's ability to obtain an acquittal or dismissal and, in this case, the prosecutor's ability to obtain convictions. The Pro Se complainant here wants an injunction because the Pro Se believes that the conviction rating (i.e
Hunger Strike Stopped by Court Order - Constitutional Rights give way to Legitimate Penological Inte
The United States Constitution embraces the idea of freedom and liberty. Freedom from government infringement in our daily lives and control over what we do (or do not do) is a vital liberty interest which, when challenged. requires the government to justify its actions. Here, Petitioner claims the government "violate[d] his constitutional rights to refuse medical treatment and to privacy, liberty and free speech and that petitioner failed to show any sufficient state interes
Res Ipsa Loquitor - Elevator Injury Generally Does Not occur in the Absence of Negligence
Property owners owe a duty to those who enter their premises. Unfortunately, whether it is to save a few dollars or just for lack of caring, certain property owners allow the premises to become unsafe. Here, an elevator caused injury becomes the subject of a case that goes up to the First Department that holds "Elevator malfunctions ordinarily do not occur in the absence of negligence..." What is interesting (and cool in a nerdy-law-student way) is that the Court holds this b
Substance Abusing Criminal Defendant still requires Mens Rea to plead guilty - Failure to recollect
New York Criminal Defense Attorneys know that Mens Rea Matters. The Defendant here was charged in an indictment with robbery and subsequently pled guilty. There was solid evidence against him and plea resulted in four years in prison to be followed by five years of post release supervision. The Defendant appeals, alleging that he could not formulate the requisite mens rea during his plea allocution and, therefore, the Court erred in accepting his plea. "From its inception, th
New York Paramount Theatre Personal Injury Case - Plaintiff states a cause of Action under Dram Shop
Venues and bars owe certain duties to their patrons. Plaintiff alleges he was injured by an intoxicated patron on the premises owned by the Defendant, here Paramount Theatre. Plaintiff was employed by Blackbird Enterprises, LLC, the entity that operated the VIP room at the Paramount Theatre. Allegedly, Arrow Security was employed to provide security services to patrons and the premises "including the alleyway located behind the building." The Defendant moved to dismiss the co
New York Criminal Defense: Prosecutor's Improper Questioning of the defendant concerning his pri
Part of the fairness in a criminal trial is that the prosecutor cannot use certain prior convictions against a criminal defendant without putting the criminal defendant on notice and a hearing had. The Second Department reviews the criminal conviction and finds that "the [lower] court erred in allowing the prosecutor to elicit testimony from the defendant that revealed some of the critical underlying facts from his prior burglary conviction." (citing People v Sandoval, 34 NY2
Overtime Suit Dismissed - Plaintiff fails to allege that she was an employee entitled to, among othe
The Plaintiff in this case here brings a collective action and class action to complain of violations of Fair Labor Standards Act ("FLSA") and the failure to pay minimum wage, claims for overtime wages, gap time and record-keeping violations under the New York Labor Law ("NYLL"). Here Plaintiff's complaint is dismissed for the failure to state a claim - specifically discussed here is the fact that Plaintiff cannot state in a legal conclusion that he or she simply worked more
