Master the strategies for suing government entities with critical 2025 updates on navigating notice requirements, special duty, and overcoming immunity defenses.
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. Led by expert attorneys Mike Bersani and Dan Salinsky, this comprehensive course analyzes the most significant appellate decisions and Court of Appeals rulings from the past year. Whether you represent plaintiffs or municipalities, this program offers essential strategies for navigating the procedural hurdles and substantive legal standards unique to claims against public entities in New York.
The presentation begins with a deep dive into General Municipal Law 50-e, focusing on the critical nuances of filing late notices of claim. The instructors examine recent case law regarding what constitutes "actual knowledge" of essential facts and whether knowledge held by low-level employees can be imputed to the municipality. Significant attention is paid to the "special duty" requirement, highlighting a pivotal shift in liability standards for foster care and custodial settings. The course also explores the evolving landscape of prior written notice, including the legal implications of modern reporting methods like the "SeeClickFix" app, and provides practical advice on using pre-suit discovery to frame complaints effectively.
Additionally, the discussion covers a broad spectrum of liability issues, ranging from school supervision and assumption of risk in sports to the "reckless disregard" standard applied to emergency vehicles. The instructors also review General Municipal Law 205-a and 205-e claims regarding injured police officers and firefighters. By dissecting real-world fact patterns—from playground accidents to roadway defects—this course equips legal professionals with the knowledge needed to successfully manage municipal liability cases in the current legal climate.
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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.
Attorney at Michaels Bersani Kalabanka, P.C.
Mike is an attorney at Michaels Bersani Kalabanka in Auburn, NY. He has been named "Lawyer of the Year" in the fields of personal injury litigation and professional malpractice litigation in the Syracuse Metropolitan area multiple times by Best Lawyers in America, and he serves on the Academy's Board of Directors as Vice President of the 4th Department.
Senior Counsel at Leitner Varughese Warywoda
Seasoned trial attorney with a proven track record of success in both criminal and civil litigation, and began his legal career at the Bronx DA's Office, where he was appointed Assistant District Attorney in 2003. For 11 years, Municipal Liability presenter for the Academy's Annual Update. He earned his JD from St. John's University School of Law. Co-author of articles on legal issues that have been featured in the NY Law Journal. He serves on the Academy Board of Directors as a Director-at-large.
