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...
Sometimes a Forum is Convenient
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...
Amend at Your Leisure, Part II
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,...
Falling Ladder Prima Facie for § 240(1)
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...
Amend at Your Leisure, Part I
First Department Allows Mulligan on Industrial Code Pleadings for Labor Law § 241(6) As we’ve routinely covered, Labor Law § 241(6) causes of action require pleading of sufficiently specific New York State Industrial Code sections. However, in a recent decision the...
“Ups and Downs of Elevator Work”
Unqualified Expert Keeps Plaintiff’s § 240(1) Claim on Ground Floor Expert witness submissions are pattern and practice in the summary judgment phase for Labor Law § 240(1) cases and a solid expert can “make or break” a summary judgment motion. It’s important to...
“Homeowners’ Exception Exception”
Fall From Ladder Prompts Labor Law “Homeowners’ Exception” Analysis The most well-known exception to the Labor Law is the “homeowners’ exception,” and is found in the opening sentence of Labor Law § 240(1): “All contractors and owners and their agents, except owners...
Eastern District of Pennsylvania Court Reaffirms Requirement for Sufficient Factual Allegations to Support Statutory Bad Faith Claims
In a recent slip opinion in Leyman v. Economy Fire & Casualty Company, No. 23-3458 2023 WL 8188444 (E.D. Pa. Nov 27, 2023), the United States District Court of the Eastern District of Pennsylvania granted an insurer’s Motion to Dismiss the statutory bad faith...
Eastern District of Pennsylvania Court Held Insured May Have Reasonably Believed her Lawsuit was Timely Based on Typographical Error in Claim Correspondence
In a recent slip copy opinion in Duffy v. Liberty Mutual Fire Insurance Company, No. 22-4402, 2023 WL 8832416 (E.D. Pa. Dec 21, 2023) the Court denied an insurer’s Motion for Summary Judgment. The insurer contended that the insured’s claims were time barred by the...
