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Dallas Medical Malpractice Attorneys

 

Construction Accidents

Construction Accidents

While New York construction workers benefit from strict statutes and regulations that mandate safe construction practices, many owners of construction sites and contractors violate these rules and cut corners to save costs, which often results in the death and serious injury of workers. Common construction accidents causing serious injury or death include: crane and scaffolding failures, defective or dangerous machinery failure, compressed gas explosions, falls from scaffolds, objects falling on workers from above, trips and falls on debris or equipment improperly stored or scattered.

Michaels & Smolak has recovered millions of dollars for injured construction workers and for other injuries to cover their medical bills, lost earnings, pain and suffering, and more. If you or a loved one has been a victim of a construction site accident, contact us for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation. To find out more about construction site accidents, read below.

Who Is Legally Responsible for My Construction Accident?

Parties other than your employer may be legally responsible for your injuries, including contractors, property owners, leasees, or equipment manufacturers. You may be able to bring a claim against those parties for compensation beyond workers' compensation. The law here is very favorable to the injured worker. In many cases, the law holds not only the negligent construction company who caused the accident legally liable to the injured worker, but also holds the owner of the site and the general contractor “vicariously liable” for other companies' or contractors' negligence. This means that there may be many many companies or contractors to sue. A good personal injury lawyer knows how to properly investigate the accident to determine who the proper defendants are, and he will bring claims against all of them to ensure you get full recovery for your injuries. Contact us for a free consultation regarding yours or your loved one's construction accident.

Why Are There Special Laws in New York to Help Injured Construction Workers Get Compensation for Their Injuries?

Construction sites are dangerous, and construction workers deal with some of the most dangerous working conditions in any industry. Workers often work from heights, including from roofs, scaffolds or ladders. They often operate heavy and dangerous equipment, and face deadlines that sometimes tempt them to cut corners and avoid safe practices. Common accidents at construction sites involve workers or equipment falling from scaffolds or other types of lifts, hoists, or ladders. Unfortunately, serious injuries on construction sites are too common. Because of the heightened dangers on construction sites, New York State has legislated a “scaffold law” (Labor Law § 240) and other laws (Labor Law §§ 200 and 241) that give construction workers added protection, and greater ease for bringing claims for accidents on construction sites. Further, New York State’s Industrial Code and the Federal OSHA regulations require construction companies to ensure a reasonably safe work site, develop and implement safety plans or programs, inspect their sites for safety compliance and use the safest equipment for the job. These regulations also prescribe the necessary protective equipment to be used during certain construction activities. Despite all these laws and regulations, construction workers continue to be killed, maimed and seriously injured all too frequently. This is almost always because some of these rules and regulations were violated. If you have been injured in a scaffolding or ladder fall, or suffered a head or other injury because of falling debris, equipment, tools or other objects, or have suffered other injuries on the job, we may be able to help you obtain compensation for your injuries, pain and suffering, medical expenses and lost income. So contact us for a free consultation about your construction accident case.

What Is the Statute of Limitations for Construction Accident Cases in New York?

Generally, 3 years from the date of your injury. However, there are exceptions. For example, if the victim is a child under 18 years old, his or her statute of limitations does not even start to run until he or she is 18, so normally it would expire on his or her 21st birthday. Also, it depends on the defendant. If you sue the State of New York you must generally do so within 2 years, and if you sue a "municipality", a "public corporation", or other government agency, your statutes of limitations could by 1 year and 90 days or even shorter, depending on type of government agency you are suing. Further, when suing government agencies, you often need to serve or file a "notice of claim" or "notice of intention of claim" within 90 days of the injury, and sometimes even shorter time limits apply. There are other statutes of limitations and exceptions that may apply to your case. Contact us to discuss your statute of limitations.

What if I can’t afford an attorney?

That’s impossible. A reputable personal injury attorney will not charge you for an initial consultation. Michaels & Smolak will give you a free consultation. If we decide to represent you, we will charge you on a contingency fee basis, which is usually 1/3 of the net recovery we obtain for you, whether from a settlement or from a jury. Since the initial consultation is free, why wait? Contact us today for a free consultation.

Michaels & Smolak has recovered millions of dollars for clients injured in construction accidents and for other injuries to cover their medical bills, lost earnings, pain and suffering, and more. If you or a loved one has been a victim of a construction accident, contact us for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.

Another Wrong-Site Surgery Malpractice Case at Syracuse's Upstate University Hospital

Another Wrong-Site Surgery Malpractice Case at Syracuse's Upstate University Hospital

Syracuse medical malpractice lawyers are taking note: Upstate University Hospital has a recent demonstrated history of performing botched or erroneous surgeries. The lawyers at Michaels & Smolak know this first-hand. We have successfully sued Upstate several times, including a case two years ago which rendered a $2.5 Million verdict to an elderly Parkinson's patient who was paralyzed and brain damaged due to an avoidable equipment malfunction during brain surgery.

The Syracuse Post Standard now reports that an Upstate University Hospital neurosurgeon was recently suspended after he or she (they won't disclose the name) made an unnecessary incision. And not just a minor incision. Although the Hospital refused to disclose any further details, anonymous sources say that the unnecessary cut spans almost the entire length of the patient's back, whereas only a relatively small incision was needed.

This is yet another clear case of Upstate Hospital medical malpractice. And it's the third time since 2004 that Upstate doctors have blundered by cutting patients in wrong place, a totally avoidable error. In the other two cases, Upstate surgeons made an incision on the wrong side of a baby's head when attempting to operate on his brain and they operated on the wrong side of a patient in attempting to remove a tumor from an adrenal gland.

In recent years, hospitals around the country have been forced by regulators to adopt strict protocol to avoid wrong-site surgeries. Hospitals are required to call "timeouts" before operations in which doctors and others double-check that they are operating on the right person in the right spot. The target site must be pre-marked with markers.

Although wrong-site surgeries have decreased since these procedures were instituted, wrong-site surgery malpractice continues to be a problem at some hospitals such as Upstate. Apparently, Upstate is simply not forcing its doctors to carefully follow the protocol.

Upstate has had other recent malpractice woes. A recent State investigation unearthed numerous medical errors at Upstate, not the least of which was a case where an inexperienced neurosurgeon in training was allowed to perform a complicated spinal surgery without adequate supervision.

Chamber of Commerce Loves Lawsuits (Its Own), But Not New York Personal Injury Lawsuits (yours).

Chamber of Commerce Loves Lawsuits (Its Own), But Not New York Personal Injury Lawsuits (yours).

The top personal injury blogger in New York State, Eric Turewitz, had an interesting blog post today. He wrote about how, according to an ABC News article, the US Chamber of Commerce, one of the biggest corporate lobby group in the USA, plans to throw $10 Million at pro-"tort-reform" candidates this November. "Tort reformers", by the way, are people, usually insurance or corporate types, who don't think regular people should be able to seek justice in court against, among others, corporations whose defective products injured them. They want to put personal injury lawyers like me out of business.

But as Eric points out, there is hypocrisy in the Chamber claiming, on the one hand, that there are too many lawsuits (of the personal injury variety, or course), and on the other hand, the Chamber's threatening to sue the Obama administration's government to block any rules that hamper business. The Chamber's head honcho is quoted as saying, "litigation is one of our most powerful tools for making sure that federal agencies follow the law and are held accountable".

There sure is some irony in that position. And that reminds me of another Chamber of Commerce irony. Last year the Geneva NY Chamber of Commerce awarded me its "Citizen of the Year" award (you can read about it here). My partners in law, all terrific Central New York personal injury lawyers, found it hard to believe that the Chamber, which lobbies so hard against personal injury lawyers like us, was honoring one of us with its highest award. Go figure!
 

Can Emergency Responders Who Speed and Blow Through Stop Signs Be Held Liable In A New York Personal Injury Lawsuit?

Can Emergency Responders Who Speed and Blow Through Stop Signs Be Held Liable In A New York Personal Injury Lawsuit?

I came across an article in the Geneva Finger Lakes Times yesterday about a volunteer fireman responding to vehicle fire who was ticketed for "driving at an unreasonable speed" after failing to stop at a stop sign, going off the road, hitting a light pole and then a parked car in downtown Penn Yan, Yates County.

So here's the blog question of the day: Did this volunteer fireman, who was responding to an emergency (a vehicle fire), have a legal right to speed and go through the stop sign without stopping?

The answer is a qualified "yes". Pursuant to New York Vehicle and Traffic Law § 1104, the driver of an authorized emergency vehicle (e.g., police cars, ambulances, firefighters), when involved in an emergency operation, may not be held liable for New York car accidents when disobeying certain traffic rules, including speed limits and stopping at stop signs "except where he/she acted with reckless disregard for the safety of others".

As a Central New York car accident lawyer, I have reviewed many New York car accident cases in which emergency responders such as police officers or firefighters have crashed into private citizen-motorists when responding to emergencies. Generally, we must prove that the emergency responder acted with "reckless disregard" to the safety of the public. Plain negligence is not enough.

The issue in this case is whether the volunteer firefighter acted with "reckless disregard" in responding to this vehicle fire. Since he went off the road right in the middle of Penn Yan, in a 30-mile-per-hour busy downtown, there is some question as to whether he acted in "reckless disregard" to public safety. Sure, he had a right, even a duty, to go faster than the speed limit, and to go right past the stop sign, carefully, but he did not have the right to completely disregard the safety of the public.

Although the vehicle fire created a public hazard and danger, emergency responders should not be allowed to create even greater hazards or dangers in the manner of responding. The rule of law here tries to balance the need for our emergency responders to respond quickly to emergencies with the equally important need to ensure that the emergency response itself does not make matters even worse.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury

Can I Bring A New York Personal Injury Lawsuit If I Was Injured On The Job?

Can I Bring A New York Personal Injury Lawsuit If I Was Injured On The Job?

As a Syracuse New York personal injury lawyer, I have received countless calls from Syracuse and Central New York workers injured at work who want to know, "do I have a case"?

When a worker calls and says they were injured on the job, here are, pretty much in order, the questions I ask them so I can figure out if they have a valid New York personal injury case: (1) Did you get, or are you getting, Workers' Compensation benefits? If the answer is yes, my next question is, (2) Were you injured because of something that a co-employee or your employer did wrong or is someone else to blame? If the at-fault person was a co-employee or the employer, the conversation usually doesn't go on much longer because the caller generally has no case. But if the caller says the accident was caused by someone other than the employer or a co-worker --- hey, now we have something to talk about.

Why does it matter whose fault it was? Because you can't bring a New York personal injury case against your employer, or co-worker, if your employer provided you with Workers' Compensation. Your case is barred by the New York Workers' Compensation Law. But, if you were injured on the job because of someone else's wrongdoing or negligence, you can bring a New York personal injury lawsuit against that person or company.

Who are the non-employer, non-co-workers who might be responsible for your injury? Usually they are: (1) other companies and their employees who were working on your job site or who installed or erected something at your workplace; (2) other companies or their employees if you were on their premises; (4) the manufacturer or distributor of whatever machine or other product injured you on the job site; (5) the owner of the premises where you were injured (if this is not your employer) or (6) in construction work, any other subcontractor or contractor who is not your employer, or the owner of the construction site.

If you were injured on the job by the negligence of someone other than your employer or co-workers, you are still entitled to workers' compensation benefits (from your employer's workers' compensation carrier) but you can, in addition, bring a New York personal injury claim against the at-fault non-employer, non-co-worker.

So do you get double benefits? No! The Workers' Compensation insurance carrier has a "lien" against any settlement or judgment you obtained in the personal injury claim. In other words, you have to pay Comp back out of your personal injury case for whatever medical bills and lost wages Comp has paid you.

Despite this legally required pay-back to Comp, you are still usually much better off if you can bring a personal injury action. Why? Because you can't claim pain and suffering in your Comp claim, and you get only 60% of your lost wages. But in your New York personal injury claim you are allowed to claim pain and suffering compensation and 100% of your lost wages.

If you are injured on the job, feel free to call me so we can figure out whether you are stuck with just Comp, or whether you have the right to bring a New York personal injury action as well. I am more than happy to talk to you, even if it turns out you don't have a case.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

Study Shows Reduction In Teen Fatal Car Crashes

Study Shows Reduction In Teen Fatal Car Crashes

The Centers For Disease Control and Prevention (CDC) has released a new study with surprising results. Fatal car accidents involving teens steadily declined from 2004 through 2008, despite the increasing popularity and dangers of texting while driving and the numerous warnings of distracted driving on the nation's roadways. The number of fatalities dropped from approximately 2,200 in 2004 to roughly 1,400 in 2008. The study examined 16 and 17 year old drivers, who were involved in 9,600 accidents during the five year period, with more than 11,000 dying, including more than 4,000 of the teen drivers and in excess of 3,400 passengers.

Teen Fatalities have been declining since 1996, with the advent of safer vehicles equipped with air bags and highway improvements. The study also determined that non-fatal car crashes have dropped by 31% from 2004 through 2008. According to experts, another major reason for the decline in fatalities is that the majority of states are now enhancing restrictions on when teens can drive and when they can have passengers in their vehicles. A spokesman for the Insurance Institute for Highway Safety, Russ Rader, noted that teens are not necessarily driving safer but "state laws enacted in the last 15 years are taking teens out of the most hazardous situations."

The CDC study revealed that Wyoming has the highest fatality rate, with approximately 60 16-17 year old driver deaths per 100,000 drivers that age. New York and New Jersey have the lowest rate, at about 10 per 100,000.

School Accidents

School Accidents

Schools and school districts can be held liable on a number of legal grounds for injuries suffered by students. Discussed below are the main types of cases injured students and their parents bring against schools and school districts.

School Negligent Supervision Claims

Almost any time a student is hurt as school, one question that comes up is; did the school provide adequate supervision? If not, the school can be held liable for the student's injuries under a legal theory of "negligent supervision". Just as a parent has a duty to supervise his or her children when they are in his or her custody, the school has a duty to do the same when children are turned over to its custody. Therefore, when a child is hurt on a playground, or in a classroom, or lunchroom, or is assaulted or beat up by another student, or is injured when engaged in horseplay, a lawyer's thorough investigation may reveal that the school was not following even its own rules regarding the ratios of adult monitors to students, or that the adult monitors or teachers were distracted and not properly supervising, or that the school did not have adequate safety rules in place for supervising its students.

Claims against the School for Student-on-Student Assaults.

When a student is assaulted, punched, beaten up, tripped up, or otherwise deliberately injured by another student, one issue that arises is, again; was there adequate supervision? If the assault was sudden and unexpected so that no amount of supervision could have prevented it, generally the school cannot be held liable. But even when the assault itself is sudden, sometimes the school can be held liable because the assailant was a known troublemaker, and the school failed to discipline him or otherwise correct his behavior. Or the school might be held liable because it knew or should have known that there was trouble brewing between the assailant and the victim from past skirmishes or verbal threats, yet failed to act to prevent the attack. The bottom line is that the school has a duty to take reasonable and measures to prevent injuries to its students, including injuries inflicted by other students. Note, however, that if the injured student voluntarily participated in a fight, generally he can't sue for the resulting injuries.

School Bus Accidents.

School buses can injure students by striking or running them over when the students are pedestrians, or by driving in such a manner as to cause the students to fall from their seats, or by causing collisions, or by picking students up or dropping them off at dangerous stops. Bus drivers and bus monitors can also cause injuries by failing to properly monitor the students during the bus ride and thereby allowing students to injure one another through horseplay or even assault. In all these circumstances, the school can be held liable for the negligence of the bus driver or bus monitors.

Student Street Crossing Accidents

Schools often assume the duty of providing safe crossings for their students in the near vicinity of the school by way of crossing guards. The school can be held liable for the crossing guards' negligence in permitting students to cross when it is unsafe to do so.

School Sports Injuries

If a student voluntarily agrees to participate in a sport that has known risks, then he cannot sue the school for the types of injuries that are "part of the game" or are inherent risks to the sport. For example, generally a student can't sue the school for an injury he receives when he is tackled during a football game --- tackling is part of the game of football, and one of the risks of being tackled is that you can get hurt. However, some sports injuries are not caused by risks inherent to the game, but rather by poor supervision of the players, or by careless design or maintenance of the playing field. For example, a football player injured when he steps into a deep hole left by a school maintenance crew on the field may have a claim against the school for failing to safely maintain the playing field.

School Gym Injuries

If gym class is mandatory, then it cannot usually be said that the student "voluntarily assumed the risks" of gym. That is why gym accidents often make better cases against schools than sporting accidents where the student voluntarily agreed to participate in the sport. Nevertheless, the school cannot be held liable for a gym injury unless it was "negligent", and its negligence caused the accident. Examples of school negligence that can cause gym accidents are: Providing inadequate supervision; the gym teacher may have failed to adequately instruct the students on how to perform the gym activity; or the equipment provided was not safe and adequate (e.g., should helmets have been provided for a certain activity?).

Michaels & Smolak has recovered millions of dollars for clients injured in school accidents and for other injuries to cover their medical bills, lost earnings, pain and suffering, and more. If your child has been injured in a school or sporting accident, CONTACT US for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.

Michaels & Smolak

Michaels & Smolak, P.C. is a renowned civil-litigation law firm located in Auburn (Cayuga County) New York dedicated almost exclusively to personal injury, wrongful death, medical malpractice and legal malpractice cases. Michaels & Smolak also accepts general civil litigation cases. The firm has a regional practice extending through Central and Western New York State. Michaels & Smolak has consistently received the highest ranking (AV) in the prestigious Martindale-Hubbell directory. This “AV” rating means that judges and other lawyers have rated Michaels & Smolak, compared to other firms, very high to preeminent in legal ability, expertise, experience, integrity and overall professional excellence. In addition, all lawyers in our firm have been selected as “Super Lawyers” by Law & Politics Magazine. The Super Lawyer award is bestowed on a lawyer only after an extensive peer review and screening process. The title “Super Lawyer” is given only to those attorneys who are considered to be among the top 5% of all lawyers in the State of New York. Further, Lee Michaels, the firm’s senior lawyer, has consistently been listed in “The Best Lawyers in America” since 1985.

The firm traces its roots back to the early 1930's when Lee Michaels' father, George, began his practice of law in the northern part of this county, in the Village of Port Byron. George Michaels, who passed away in 1992, had a distinguished law career, interrupted only by his service with the United States Marine Corps during World War II and by his part-time service for nearly a decade in the New York Assembly. Lee joined his father in 1969.

The firm’s philosophy is simple but effective: Provide the very best and most compassionate legal representation to real people, one client at a time. Michaels & Smolak believes that the best "lawyer advertising" is a satisfied client.

Besides the high quality of its work, what sets Michaels & Smolak apart from other firms is its “team approach” to cases. The lawyers at Michaels & Smolak meet regularly to discuss every new case as well as those cases approaching settlement or trial. Together, all lawyers in the firm “brain-storm” all the firm’s cases, which in turn leads to creative, powerful case advancement.

Michaels & Smolak is the personal injury law firm of choice not only for many clients, but also for many lawyers and law firms. Other attorneys and law firms regularly send their clients to Michaels & Smolak for their injury cases. In fact, more than half of Michaels & Smolak’s cases are referred by lawyers in other firms. What do these lawyers know about Michaels & Smolak? They know from experience in referring other clients to Michaels & Smolak that the firm’s lawyers will provide their clients with personal service and the most effective representation available anywhere. Those clients also recommend Michaels & Smolak to their friends, relatives, and neighbors. These votes of confidence mean a lot to Michaels & Smolak. They are a testimony of its success and the trust the firm has built with the public and other lawyers.

The attorneys at Michaels & Smolak prepare each case as if they were going to try it, even though most cases do settle. Defense firms and insurance companies know Michaels & Smolak is prepared to try its cases, which makes them want to settle, and settle for more. Hard work, thorough preparation, fine-tuned trial skills, and years of experience, combine to enable the Michaels & Smolak team to provide the best representation possible for its clients.

Michaels & Smolak’s success is based on its creative team approach to cases as well as its lawyers’ many years of trial and litigation experience, which have allowed them to fine-tune their litigation, trial and negotiation skills. Contact Michaels & Smolak to put them on your team. They will keep all information strictly confidential and there is NO CHARGE for a consultation. They take cases on contingency, which means you don’t pay any attorney’s fees unless they win your case.

Why New York Personal Injury Lawyers Hate Insurance Companies.

Why New York Personal Injury Lawyers Hate Insurance Companies.

You can't be a New York personal Injury lawyer for very long without learning to hate insurance companies. I think it took me all of 6 months when I started out years ago to realize how brutal they were. You see, insurance companies "screw" good people all the time. Here's just one recent example of a guy who got screwed by the insurance industry.

The client injured his lower back in a car accident, but did not immediately seek medical attention because he wanted to see first whether he was going to get better on his own. When more than a month went by and he was still in pain, he came to see me. He wanted to know what his rights were as far as getting medical coverage to see a doctor. There was an uncomfortable pause while I thought about how to break the bad news to him.

Before I tell you what I told him, let me give you a little recent history of New York's "No-Fault Insurance" law. Only a few years ago, under No-Fault Insurance Regulation 68, auto accident victims had up to 90 days to file an application for no-fault benefits with their auto insurance carrier. (No-fault provides up to $50,000 in medical treatment and lost wages to car accident victims, regardless of fault.) But then the insurance industry lobbied New York State lawmakers to shorten the time limit to 30 days. The insurance industry claimed the shorter time limit was necessary to prevent "fraud", but that argument never made any sense to me. Instead, I believe the insurance industry knew that many auto accident victims would inadvertently wait for more than 30 days to fill out their no-fault application. The insurance industry would thus save millions of dollars by denying these legitimate but "late" claims.

This is only one example of how insurance companies, the same companies who regularly malign us personal injury lawyers, screw the public. Other examples, too numerous to list here, include (1) giving low-ball settlement offers, especially to accident victims who have not yet hired a good New York personal injury lawyer to fight for them; (2) denying perfectly valid personal injury claims; and (3) inducing accident victims, before they have time to hire a lawyer, to give "recorded statements" by promising them, falsely, that this will help the insurance company "resolve their claim", when in fact the intention is to torpedo the claim.

Insurance is one of the most heavily regulated industries, and for good reason. Can you imagine what they would be doing to us if they were not regulated? Too bad their lobby is so powerful that it weakens the government's overseeing role.

My client could not believe what he was hearing when I told him about the 30-day rule. As he put it, "I got screwed". He's not alone. Don't let them screw you! Hire a good New York personal injury lawyer from the get-go.

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

Photographs Critical Evidence In Personal Injury Cases

Photographs Critical Evidence In Personal Injury Cases

When a client walks into our White Plains, New York office, having suffered a serious injury in a car crash, slip and fall accident, or from using a defective or dangerous product, we envision that this new case will reach trial, and want to preserve evidence as soon as possible. One of the most important types of evidence to prove your personal injury case in Court is photographs--of the smashed in back of your car, uneven and broken sidewalk or stair, or icy driveway. Each of these conditions frequently disappears and is lost forever shortly after the accident. The car is taken to a repair shop and declared a total loss; the owner of the stairway sends out a contractor to fix the broken stair, or the icy driveway is cleared up through a quick application of salt or a warming trend in the weather.

Thus, it is our advice that immediately after the accident, you have a friend, relative, or witness take photographs of the scene of the accident, and of the cars involved if it was an auto accident. Obviously, if you are able to, you can do this yourself, but often, the injuries you have suffered prevent this. If you wait until the next day or a couple of days later, particularly with regard to weather related accidents, the evidence is likely to be lost forever.

The reason that photographs are so critical is that insurance companies utilize them to determine the severity of an accident, and to decide in many cases whether your injuries were caused by the accident. The second reason is that if the case does not settle before trial, jurors often expect to have visual proof of the damage to your vehicle, or the stairway you fell on, before deciding whether the defendant is at fault for your injuries.

Contact the Westchester County Personal Injury Lawyers at the White Plains, New York Law Office of Mark A. Siesel online or toll free at 888-761-7633 if you are seriously injured in any type of accident for a free consultation with an experienced, knowledgeable and aggressive litigator who will fight the insurance companies to maximize compensation for your injuries, medical bills and lost earnings.

Central New York Personal Injury Lawyer Loves Getting "Thumbs Up".

Central New York Personal Injury Lawyer Loves Getting "Thumbs Up".

It's nice to get a thumbs up. This is true when I bring my New York personal injury cases to the jury, and it is true in life generally. And I got a nice one yesterday. After I gave my annual update lecture on the topic of Municipal liability (how to hold a City, Town, Village, County, etc. liable in New York for personal injuries or wrongful death) to a room full of Rochester lawyers yesterday, I found this email awaiting me when I back home to Geneva:

Hello Michael. I . . . was in attendance today at the Academy's 2010 update. Despite it being such a long day, it was worthwhile. And you were definitely a highlight of the day's presenters. I thoroughly enjoyed your insights, and especially, your enthusiasm for your topic. You 'read into' the judicial mindset (I love to do that too) to get the largest sense possible of where the court is going ...that makes law more like a philosophy course, or at least, a true barometer of the way we humans organize ourselves! As always, it is fascinating. Found your website to tell you so--too bad you are not in Rochester full time! Our loss....thanks again.

Needless to say, that email made my day. And I obviously hope juries and judges find my New York personal injury case presentations equally compelling! Although I have had great results, so far no emails from them!
 

Categories:

There Is No Right to Secede

The right of a state to secede from the nation is way outside my personal injury wheelhouse. But it has become a source of conversation on professorial and political blogs, and the concept has generated interest from the Tea Party movement.

As it happens, my brother has a letter from Justice Antonin Scalia that is directly on point as to the legitimacy of secession. How he got that letter, and its contents, are the subject of today’s post.

The inspiration for writing, and the release of the letter, comes from Prof. Eugene Volokh, who wrote, “I keep hearing the claim that the legitimacy of secession from the U.S. was ‘settled at Appomattox,’ and I wanted to say a few words about why I think that makes little sense.”

The good prof goes on to write that, while clearly not supporting secession of any State in concept, that the issue is far from settled. He writes:
 

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