Complex Litigation

June 28, 2017

Dennis Dozis and Dejan Kezunovic defeated plaintiff's motion for summary judgment as to liability on plaintiff's Labor Law 240(1) claim on the grounds that plaintiff was acting as a volunteer, rather than a covered worker, when he allegedly fell while painting a fire escape ladder. The order extends the limited line of precedent carving out exceptions to the strict statutory liability that section 240(1) imposes on owners and contractors in New York State. The win came by way of motion practice without substantial discovery in the Supreme Court, Bronx County.

May 30, 2017

Dan Kain, Scott Toomey and Rob Joyce published an article on elite athlete loss-of-value (“LOV”) insurance policies for the Jeffrey S. Moorad Sports Law Journal.  The article addresses the eligibility requirements, threshold determinations, premium funding, defenses and exclusions relative to elite athlete LOV policies.  The article also examines coverage litigation that has arisen out of LOV policies in recent years.  Last, the article discusses methods recently employed by elite amateur athletes to mitigate the risk of injury and the resulting loss in draft value.

February 16, 2017

During a one-day sports and fitness seminar held in conjunction with the 2017 DRI Product Liability Conference, Bob Kelly and Scott Toomey presented with two of the firm’s sports manufacturer clients, Bell Sports and Schutt Sports.  Mr. Kelly moderated a panel of bicycle industry experts that hold extensive experience in product design, warnings, biomechanics and regulatory affairs.  Mr. Toomey presented with the CEO and General Counsel of Schutt Sports in regard to the state of the football helmet industry and emerging trends within the sports equipment market. 

February 06, 2017

Bob Kelly, Managing Partner of the firm, presented at the Sports & Fitness Lawyers Team Seminar in Las Vegas, Nevada on February 6, 2017. Mr. Kelly lectured on recent developments in the design of bicycles and bicycle helmets.

January 19, 2017

Mr. Kelly lectures on Advanced Trial Techniques at the National Business Institute’s December 20, 2016 seminar, in Toms River, New Jersey. Mr. Kelly spoke on the topic of Opening Statements and Direct Examination, and participated in a round table discussion with three other trial attorneys.