Second Department Determines Reliable Historian Talked His Way into Question of Fact Sometimes all a plaintiff needs to say is that the ladder moved, and plaintiff fell off of it, to establish prima facie entitlement to summary judgment in a Labor Law § 240(1) case. ...
“Pivot!”
First Department Holds that Plaintiff’s Labor Law § 240(1) Claim Fits the Mold If you’ve ever seen Friends, you know that you don’t help Ross move heavy objects up a staircase and, as the First Department reminds us, you don’t do it without a hoist. In DaSilva v. Toll...
Unable to Return to Sender: Business Re-Solicitation creates Personal Jurisdiction
On January 17, 2024, the Appellate Division issued a decision in Allure Pet Products, LLC, v. Donnelly Marketing & Development LLC, et al., ---A.3d-----, 2024 WL 172209 (App. Div. 2024) which answered whether a New Jersey court could exercise personal jurisdiction...
Catching a Runaway Train: NJ Supreme Court Curtails Refund Claims Under the CFA
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...
“sole” – adj., meaning “one and only”
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...
Protective Purview
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...
“Hold!”
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...
Issues of Fact Abound
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...
Falling Optional
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...