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...

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...

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...

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...

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...