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July 2017 Archives

The importance of exploring regulatory noncompliance in truck accident cases, P.1

In any personal injury case, the plaintiff is required to present sufficient evidence to prove each element of the claim against the defendant and to support damages sought in the claim. Personal injury or wrongful death claims based on allegations of negligence generally require proof of four elements: legal duty; breach of legal duty; causation; and harm. Essentially, the plaintiff has to show that the defendant failed to abide by his or her legal obligations and thereby caused harm to the plaintiff.

NY bill would allow law enforcement to use “Textalyzer” devices

Everybody knows that distracted driving is a significant problem nationwide, despite the obvious dangers this activity entails and efforts to educate the public the risks. Texting and driving, like other forms of addiction, is a hard habit to break, even if the potential harm is clear.

Are government crash reports admissible as evidence in personal injury litigation? P.2

Previously, we began looking at the use of government accident reports in personal injury litigation. As we’ve noted, government accident reports can have value for plaintiffs in personal injury or wrongful death litigation, but the issue of admissibility needs to be adequately addressed. Not everything written in government accident reports is necessarily admissible at trial.

Lawsuit: TSA used reorganization as pretext for discrimination

A class of some 300 current and former air marshals claims that the Transportation Security Administration used a cost-saving and reorganization plan to weed out older, more highly compensated employees in violation of the Age Discrimination in Employment Act.

Are government crash reports admissible as evidence in personal injury litigation?

In our last post, we mentioned a recently released NTSB report which provided numerous details about a crash out in Florida last year involving a Tesla Model S. As we noted, the report shows that the driver was found to have ignored warnings provided by the Autopilot system, but the NTSB provided no definitive conclusion about what actually caused the crash.

Sexual harassment is never acceptable

Sexual harassment is something that no worker should ever have to endure. The incidents of sexual harassment are taken so seriously that the federal government has issued laws to prevent these horrible events. New York also has specific laws against sexual harassment.

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