Allstate Runs Ad Touting a New Years Resolution That Can Keep You From Losing Your Teenager

A print advertisement placed by Allstate in newspapers takes information from The Allstate Foundation Report on Teen Driving, 2005, and puts it in a form called “Parent-Teen Driving Contract”. The contract lists several topics with corresponding statistics from the Report. For each topic, there is a blank space for “Agreement” to be filled in, and another blank space for “Consequences” … Read the rest

Boxer Knocks Out State’s “Special Relationship” Defense In His Negligence Claim Against New York State Athletic Commission

“In the clearing stands a boxer, and a fighter by his trade” – Paul Simon, 1968. In Gamache v. State Of New York, 106968, decided 11/26/08, Joey Gamache, a professional boxer, alleged that the State Athletic Commission (“Athletic Commission”) improperly conducted the weigh-in for a professional boxing match which permitted his opponent to be 19 pounds more than … Read the rest

First Amendment Protects Attorney Who in Good Faith Advises Client Even If The Advice Is Later Determined To Be Incorrect: A Most Eloquent and Impassioned Defense of The Constitutional Right to Advice of Counsel

It may be hard to find a more eloquent and impassioned defense of the constitutional right of an attorney to give, and a client to receive, advice of counsel than in the decision in Vinluan v. Doyle, 60 A.D.3d 237, 873 N.Y.S.2d 72 (Appellate Division, 2nd Department, January 13, 2009). The matter granted a petition for Article 78 review brought … Read the rest

Recall of 31,392 Britax Frontier Child Restraints Highlights Importance of Signing-up for Automatic Updates

The National Highway Traffic Safety Administration (NHTSA) is alerting consumers of a recall involving 31,392 Britax Frontier™ child restraints that could fail to properly secure young passengers in the event of a vehicle crash. Britax is recalling these child seats because the harness straps may detach from the metal yoke on the back of the child restraint if repeatedly loosened … Read the rest

Special Efforts Undertaken to Reduce Combat Veterans’ Motor Vehicle Crashes

Motor vehicle crashes are a leading cause of deaths among combat veterans during the first years after their return home.  Several studies have reported an increase in post-deployment deaths among military personnel who served in a combat zone compared to their non-deployed counterparts, who are in the military but not deployed to a war, after both the Vietnam War and … Read the rest

Court Finds Child Neglect Where Parents Refuse to Consent to Life-Saving Surgery “because it stops the heart.”

Matter of Eli H. v. Barbara H., nn-01297-08, decided on November 28, 2008 by Judge Barbara R. Potter of St. Lawrence County Family Court, required the court  to balance the religious beliefs of “loving, caring parents” of an infant born on April 1, 2007 with life-threatening congenital heart defects with the court’s duty as “parens patriae” to ensure the … Read the rest

Indictments in Fatal New York City Crane Collapse and Deutsche Bank Fire

On January 5, 2009, the master rigger involved in the 200-ft-high tower crane that collapsed at a Midtown high-rise site March 15, 2008, killing six workers and a civilian, was indicted on multiple charges of manslaughter, criminally negligent homicide, assault and reckless endangerment.

Manhattan District Attorney Robert Morgenthau also said rigger William Rapetti and his firm Rapetti Rigging Services … Read the rest

Consumers Can Sign Up for Free Electronic Recall Alerts From NHTSA

Vehicle owners across the nation can be instantly informed of a safety recall under a new automated alert system announced today by U.S. Transportation Secretary Mary E. Peters. The recall alerts can be received via e-mail or RSS-feeds on personal computers, cell phones or PDA devices-automatically and free-of-charge. This ability by the consumer to be directly contacted in the case … Read the rest

Nassau County Police Release Recommendations to Avoid Repeating Wal-Mart Black Friday Stampede

On the Friday following Thanksgiving last year a pre-dawn mob of approximately 2,000 shoppers broke down the doors to a Wal-Mart in Valley Stream, New York, and rushed past and trampled to death Jdimytai Damour, a 6-foot-5, 270-pound Wal-Mart worker who was stationed near the entrance to assist with crowd control. At least four other people were hurt. This … Read the rest