Scaffold Basket Prevented Plaintiff From Falling, Summary Judgment Still Granted In a recent decision, the Appellate Division, Second Department modified a Supreme Court, Suffolk County decision that inter alia granted plaintiff’s motion for summary judgment as to his...
Case Update: “Alliteration Part II”
Author of Labor Law Periodical Still Very Excited about Labor Law *confetti* We have a case update! And our 150th Labor Law Submission! *confetti* You’ll recall from our submission, “Alliteration Part II”, we wrote about window washers and the labor law. In that...
Bull**it
Bovine Excrement Results in Summary Judgment in Labor Law § 240(1) Case Sometimes it’s figuratively bull**it. Sometimes it’s literally bulls**it. In a recent decision, the Appellate Division, Second Department revered a Supreme Court, Orange County decision that...
Superior Court Finds Lower UM/UIM Elections Valid For Life of Policy
In the recent case of Goodville Mut. Cas. Co. v. McNear, 2025 PA Super 48 (2025), the Superior Court was asked to decide whether insurers are required to obtain a new uninsured/underinsured (“UM/UIM”) elections of lower limits waiver each time a new vehicle is added...
Brace Yourself
Rube Goldberg Machine Accidents Do Not Automatically Fall Under Labor Law § 240(1) In a recent decision, the Supreme Court, New York County dismissed plaintiff’s Labor Law § 240(1) claim as to all defendants. That same decision granted plaintiff’s motion for summary...
Into the Ring
The United States District Court for the Eastern District of Pennsylvania Upholds Position that Litigation is Inherently Adversarial, and that Usual Discovery Dealings Aren’t Enough to Substantiate a Violation of 42 Pa. Cons. Stat. § 8371 In Melissa Rocco v. Farmers...
Any Time is the Right Time for Summary Judgment
First Department Confirms It’s Never Too Early for Labor Law § 240(1) Summary Judgment Motions In a recent decision, the Appellate Division, First Department unanimously reversed a Supreme Court, New York County decision that denied Plaintiff’s motion for summary...
Another Tale of Sufficient Inconsistencies
Plaintiff’s Shirt Causes Question of Fact in Labor Law § 240(1) Cause of Action In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that, inter alia, denied defendants’ motion for summary judgment to...
A Series of Labor Law Events
Sequencing Distinguishes “Falling Out of Flatbed” Cases At first glance this may seem like an “open and shut” win for defendants. based on our previous reporting regarding fact patterns where plaintiffs fall out of flatbed truck. In a recent decision, the Supreme...