All Articles tagged negligence

• General
  January 17, 2020 EDT
  UNJUST TIMING LIMITATIONS IN GENETIC MALPRACTICE CASES
  Gary MarchantBonnie LeRoyLauren ClatchEllen Wright Clayton

  There is a growing tension between an injured plaintiff’s right to seek legal recourse against a providers’ interest in preventing open-ended liability based on evidence that may be stale.

• New York Appeals
  March 03, 2013 EDT
  FOREWARNED: SPORTS, TORTS, AND NEW YORK‘S DANGEROUS ASSUMPTION
  Benjamin P. Pomerance

  For decades New York state courts in torts cases have blanketly applied the assumption of risk doctrine and barred recovery rather than taking a more equitable approach under comparative negligence.

• General
  January 01, 2012 EDT
  DECONSTRUCTING PENSION COMMITTEE: THE EVOLVING RULES OF EVIDENCE SPOLIATION AND SANCTIONS IN THE ELECTRONIC DISCOVERY ERA
  Michael W. Deyo

  This article reviews Judge Scheindlin‘s seminal e-discovery opinion in Pension Committee, and analyzes the subsequent treatment of a few notable aspects of her ruling.

• General
  January 01, 2010 EDT
  THE EXTRAPOLATION OF DEFENDANTS’ LIABILITIES UNDER CPLR ARTICLE 16 WHERE THE PLAINTIFF IS CONTRIBUTORILY NEGLIGENT: AN UPDATE TOWARD RESOLVING A PERCEIVED AMBIGUITY OF CPLR 1601
  Mark C. Dillon

  This article considers whether, under CPLR 1601, the percentage of contributory negligence assessed against the plaintiff is to be included within, or deducted from, the total assigned liability.