“No great achiever – even those who made it seem easy – ever succeeded without hard work.” – Jonathan Sack I am thrilled to share the accomplishments of the Trial Lawyers Section over the past year. Our commitment to supporting and advancing the profession has been unwavering, and our efforts have been met with enthusiasm and … Continued
One of my favorite expressions tells us, “It doesn’t have to bad to be stressful.” Think wedding, communion, bar mitzvah or any other event commemorating something special. Ultimately, the “big day” is concluded, and the stress dissipates. A deep sigh of relief replaces the butterflies, and normalcy and routine return. The opposite side of the … Continued
Depositions are a cornerstone of the discovery process and can make or break a case. Here’s a practical four-step guide to help young litigators navigate their next deposition with confidence. 1. Develop a gameplan. Start by identifying the essential testimony required to bolster your case. Thoroughly researching relevant case law is critical. Outline a roadmap that … Continued
Recently, I received a panicked call from a young man on a bridge contemplating suicide. He had been dealing with Post Traumatic Stress Disorder (PTSD) for years and his mental health was not improving. Even now when I think about him relating his intent to end his life, my stomach drops, my scalp tingles, and … Continued
For several decades, the gun industry has been shielded by civil immunity statutes, preventing third-party victims of firearm-related injuries or deaths from seeking justice through lawsuits. The landscape has recently begun to shift, however, with increased public concern over mass shootings and innovative legal challenges by plaintiff attorneys. The enactment of General Business Law (GBL) … Continued
The Annual Legislative Forum and Luncheon of the Environmental and Energy Law Section of the New York State Bar Association was held in person and virtually on May 8, 2024, in Albany, New York. The event was entitled Encouraging Environmental Sustainability and Managing Climate Risk: The Increasing Role of Markets in Meeting the Climate Change Challenge. … Continued
Facts Petitioner appealed a declaratory judgment entered by the Supreme Court of Erie County dismissing petitioner’s motion. They raised two issues on appeal, the first being that the Supreme Court unfairly dismissed their action,1 the second being that the Supreme Court did not accurately or fully consider all of the relevant facts and records.2 The petitioner brought about … Continued
Facts Since the discovery of Eurasian Watermilfoil (EWM) in Lake George in the 1980s, extensive measures have taken place to remove the plant and mitigate the negative effects that the invasive species has on recreational use of the waterbody, water quality, and native flora and fauna.1 Because of the robust characteristics of EWM’s ability to regrow … Continued
Facts Binghamton Plaza, Inc. (BPI) is a strip mall next to Cheri A. Lindsey Memorial Park in the City of Binghamton (“the city”).1 In early 2023, the parking lot and buildings had deteriorated and storefronts were mostly vacant.2 The city publicly announced a plan to redevelop the area around the park and sent BPI notice of its … Continued
Facts The Magnuson-Stevens Fishery Conservation and Management Act (MSA), administered by the National Marine Fisheries Service (NMFS), claimed “exclusive fishery management authority over all fish,” known as the “exclusive economic zone” and area extending 200 nautical miles past U.S. territorial seas.1 The MSA established fishery management councils, which develop fishery management plans.2 The MSA contemplates a variety … Continued