Master the nuances of recent Section 240 and 241 rulings to refine your litigation strategy and navigate complex liability issues with confidence.
Join us for this comprehensive update course covering a year's worth of changes to cases and statutes in the most popular topics for tort practitioners. This comprehensive course reviews over 140 recent decisions to provide a robust framework for understanding the nuances of New York labor law litigation. Rather than simply reciting case facts, the instructors focus on the underlying rules and evolving judicial interpretations that determine liability in complex construction accident cases.
The curriculum delves deep into the applicability of Section 240, exploring critical issues such as falls from permanent structures versus safety devices, the collapse of ladders and scaffolds, and the legal standards regarding falling objects and stacked materials. Participants will gain insight into the specific circumstances under which the "force of gravity" standard applies and how courts differentiate between general worksite hazards and extraordinary elevation risks.
Additionally, the course covers the scope of Section 241(6), clarifying the distinct lines between covered repairs, alterations, and routine cosmetic maintenance. The presenters provide practical strategies for pleading specific Industrial Code violations, establishing statutory agency, and navigating procedural hurdles such as summary judgment motions and discovery disputes. The discussion also addresses essential defenses, including the recalcitrant worker defense and federal preemption.
Key learning outcomes include:
The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.
Founding Partner at Powers & Santola, LLP
Dan has spent more than 30 years teaching various topics within the field of personal injury law, covering subjects such as construction accidents, medical malpractice, trial tactics, evidence, and product liability. He has lectured for the Office of Court Administration in its Continuing Legal Education programs for judges and court attorneys, the New York State Academy of Trial Lawyers, the New York Trial Lawyers Association, the New York State Bar Association, the Albany County Bar Association, the American Board of Trial Advocates, the Capital District Trial Lawyers Association, Albany Law School, Albany Medical Center, Syracuse University Law School, and a number of other scholastic and professional institutions. He was among the first trial lawyers to employ the use of technology in presenting personal injury cases to a jury, including video animation and computer graphics to demonstrate causes of accidents, SPECT scans to document and display brain injuries, and “Day in the Life” films to bring into the courtroom the everyday consequences of a permanent injury. Dan has been at the forefront in the use of highly specialized experts such as placental pathologists, pediatric neuroradiologists, and neonatologists to illustrate negligence in obstetrical malpractice cases; human factors engineers and biomechanics to demonstrate defective product designs; and physiatrists, vocational rehabilitation specialists, and economists to calculate and illustrate the full extent of economic and non-economic losses caused by a catastrophic injury.
Founding Partner at Avanzino & Moreno
Angélicque is Founding Partner at Avanzino & Moreno. She is an accomplished and passionate trial attorney, with over 25 years of experience representing injured victims, who has taken on insurance companies in a wide variety of automotive, workplace, medical malpractice, and wrongful death actions. She is a graduate of Binghamton University and Northeastern University School of Law. She has held several esteemed and prominent positions, including the Mayor's Advisory Committee on the Judiciary, President of the NYS Puerto Rican Bar Association, and is a Past-President of the Academy.
