Wade Clark Mulcahy LLP

FLORIDA’S NEW YEARS RESOLUTION: Complying With Amendments To Rules of Civil Procedure Promoting Active Case Management

Jury Sides With The Mouse Against Disney Adults In VIP Club Lawsuit

Literally Blinded to a Latent Danger

Recovery Under Labor Law 240(1) Requires Establishing Proximate Cause of Injury

WARNING: Possible Spoliation Ahead

Unlocking Coverage: The Key Role of Occupancy Determination

Labor Law § 240(1): Tighter Rules, Less Wiggle Room for Defendants

Appellate Division Holds Plaintiffs Need No Contemporaneous Quantitative Measurements to Defeat Defendant’s Claim of No “Serious Injury” Under Insurance Law

It Came Out of Nowhere! The Doctrine of Sudden Emergency

Bad Faith Claim Stands Where Insurer Allegedly Ignored Evidence

When is a Defect Considered “Trivial”?

Give Me Shelter

Duty of Care as to Open and Obvious Dangers is not always Open and Obvious

SDNY Holds Coverage for Insured’s “Work” Does Not Include Design, Sale, and Manufacture of Asbestos-Containing Products

Storm in Progress Defense Rejected Where Weather Records Are Not Certified

New York Appellate Court Reminds the Bar that Unexcused Law Office Failures Are Not Enough to Vacate a Default

Appellate Court Rejects Defendant’s Proximate Cause Defense in Labor Law Lawsuit

Competent Medical Evidence Required to Establish a “No Serious Injury” Defense Under New York Insurance Law § 5102(d)

Plaintiff Did Not Use Their Lanyard on a Scaffold…It’s The Defendants’ Fault Anyway

Appellate Division Discusses Jury Instructions on increased Susceptibility and Failure to Mitigate Damages

Even Drunk Driving Cannot Break the Causation Chain of a Highway Defect

WHO’S THE BOSS?: How The Workers Compensation Law Protects The Employer Who ‘Controls and Directs’ An Employee

Conditional Discovery Orders: Flexible Timelines, But Non-Compliance Means Game Over

Another Win for WCM! Facts and Common Sense Rule Additional Insured Coverage Dispute

Second Department Strictly Interprets CPLR 3420(d)(2) Timeliness Standard