November 04, 2021

The Fault Lines of the Law (Again) | New York Law Journal - Law.com

Brian J. Shoot (Courtesy photo)
Brian J. Shoot (Courtesy photo)

As I’ve said in columns past, Appellate Division dissents are often illuminating because they tend to focus on the fault lines of the law, the boundaries within which reasonable people may differ.

I today consider two issues that recently generated Appellate Division dissents. One issue, concerning construction and application of one of the most often cited Rule 23 subdivisions, is representative of the maddening illogic which pervades the rules which govern liability under Labor Law §241(6). As I point out below, the illogic follows from a Court of Appeals ruling that now nears its 30th anniversary. The other issue concerns application of the workers’ compensation bar, and is but another reminder that the world of 2021 is generally a very friendly place for corporations and other non-human “persons.”

Want to continue reading?
Become an ALM Digital Reader for Free!

Benefits of a Digital Membership

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

Already have an account? Sign In Now

*May exclude premium content



source: https://www.law.com/newyorklawjournal/2021/11/04/the-fault-lines-of-the-law-again/

Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.