On January 11, 2024, the Supreme Court of New Jersey issued an opinion in DeSimone v. Springpoint Senior Living, et al., 256 N.J. 172 (2024), limiting the applicability to the Consumer Fraud Act’s refund provision, N.J.S.A. 56:8-2.11, to food-related...

First Department Issues Monthly Reminder that “Sole” Means “One” If you’re wondering why these musings are suspiciously light on defendants emerging victorious on a “sole proximate cause” argument, it’s because those decisions are few and far between.  The First...

First Department Provides Analysis of “Protected Activity” for Labor Law § 240(1) Claims Any analysis of a Labor Law § 240(1) claim must involve a determination of whether plaintiff is involved in the “erection, demolition, repairing, altering, painting, cleaning or...

Premature Summary Judgment Motion Keeps Defendant Early Exit on Ice Every time someone talks about doing something too early, I can’t help but see William Wallace in Braveheart screaming “Hold!” as English heavy horses charge directly at him.  There, Wallace was...

Multiple Issues of Fact Prohibit Summary Judgment for All Parties On rare occasions involving the Labor Law, sometimes no one wins.  In a recent decision, multiple questions of fact on both sides of the argument prohibited the parties from emerging victorious on...

First Department Issues Reminder: Falling Not Required for §240(1) Cause of Action Labor Law § 240(1) was enacted, mainly, to protect construction workers from gravity-related risks, of which there are two types: (1) stuff falling on workers and (2) workers falling...

The Superior Court of Pennsylvania Confirms Transfer of Venue Under Forum Non Conveniens Requires More Than Mere Allegations of Inconvenience Transfer of venue based on forum non conveniens must be supported by specific evidence that forum is vexatious. Mere...

Second Department Affirms Erasers Exist on Pencils to Correct Labor Law Typos We all make mistakes.  Sometimes that mistake is a typographical error that plead a section of the Labor Law that doesn’t exist.  If you expected this would be fatal to a Labor Law claim,...

Ladders Are Affected by Gravity Too Usually, when encountering a Labor Law § 240(1) case, we’re reading a fact pattern which shows plaintiff falling from a ladder, or some other object falling from a significant elevation differential on to plaintiff.  In this case...