Image via Wikipedia

You’ve all heard of Ladies Night, the practice whereby bars let women in for free and offer them reduced priced drinks in the hopes of luring in men in who are required to pay a cover charge and buy full price drinks.  The practice stinks for poor college-aged guys, but the lure of women under the the influence of all that cheap booze is just too tempting, so they go anyway.  Such is the life of singles trying to meet that special someone, right?  Bars taking advantage of overly hormonal guys couldn’t possibly constitute a violation of our constitution, could it?

Well think again.  Google “ladies night lawsuits” and you will see page after page of cases from all over the country where “Ladies Night” has been challenged as discriminatory and unconstitutional.  The most recent such case occurred right here in NY, where several bars in New York City were sued in federal court over their Ladies Night promotions.  Lawyers for the bars argued that the lawsuit was frivolous, that as private entities the bars had the right to charge patrons whatever they choose, that the cover charge for men wasn’t so burdensome as to deprive them of entry, and that men actually benefited from the practice because so many women attend these ladies nights.

Federal Court Judge Miriam Goldman Cedarbaum (a woman) threw out the lawsuit on the grounds that these private bars can charge their patrons whatever they wish, as they are not acting as representatives of the State.  So common sense wins out, right?  That’s the end of the story?  Don’t be so sure.  With so many cases from all over the country coming down on all sides of this issue, I wouldn’t be surprised in the least if the Supreme Court considers this issue in the not too distant future.

And now on to the part you have been dying to read:  was the Court right?  Here’s my take.  I agree with the judge’s decision.  This is a trivial issue, and the bars should be able to do what they choose.  That said, the decision is probably wrong.  If the general principal of this case, that bars are allowed to charge different groups different prices for drinks, is allowed the stand, it clears the way for  real discrimination.  Take out men and women as the two groups involved in the suit and substitute some others.   Would any court allow a bar to charge blacks more than whites?  How about gays more than straights?  What about Muslims more than Christians?  No court would allow such blatant homophobia, racism or religious intolerance to stand, but this most recent decision clears the way for just such a practice.  Expect this decision to be overturned for that reason.

Don’t get me wrong, I think Ladies Night is harmless fun, and it should be allowed to continue. The problem is that a quagmire lies at the bottom of this particular slippery slope.

Thanks for reading,

Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Share on Facebook

Image via Wikipedia

If you’re a partially disabled Workers’ Compensation claimant, you have an obligation to make a good faith effort to look for work within your restrictions. The purpose of this post is to share some points of advise we give our clients. For background, see my post “NY Workers’ Comp and Labor Market Attachment.”

• As soon as you go from totally to partially disabled, tell your employer that you’re available for light duty work within your restrictions. If your employer doesn’t have light duty for you, sign up for unemployment and look for work. See my post “NY Workers’ Comp and Unemployment Benefits,” for details on being on Workers’ Comp and receiving unemployment.

• Apply for at least 2 or 3 jobs per week and keep a log of your job search. Write down the date, the name of the company, who you spoke with, and whether or not you submitted an application. It’s a good idea to make and keep a copy of the application. Apply for jobs online and print and keep a copy of the online applications.

• Sign up with a temporary employment agency.

• Remember that it doesn’t matter if no one will hire you with your restrictions. The point is that you have to make a good faith effort to look for work.

• Contact the rehabilitation staff of the Workers’ Comp. Board.

• If you’re a union member, it’s a good idea to check in with your union representative at least once a week to see if they have any work available within your restrictions. Your contract will likely prohibit your taking other work in your trade; however, you must remember that you have an obligation to look for work within your restrictions whether or not it’s within your trade.

Do these things and you won’t have any problems with labor market attachment.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

Share on Facebook

During my many years as an injury lawyer in the Elmira, Corning, Ithaca area, I have long been frustrated by the fact that it’s very difficult for folks in need to know HOW and WHERE to get help.  While our area of the Finger Lakes boast a number of local, state and federal programs to assist people in need, it’s often tough for people to figure out where they need to go to receive help in a particular area of need.  Because of this difficulty, deserving folks often fail to get the help they need causing huge problems for themselves and their families.

I am very happy to report a tremendous new resource which directly addresses this problem– now you can simply dial 2-1-1 (just like you would a 9-1-1 call) and you will be automatically connected to a live human being who has been specially trained to assist you and steer you in the right direction.

My thanks to Steve Hughes of the United Way of the Southern Tier for bringing this great new program to my attention.  And by the way, the local United Way was instrumental in bringing this program to our area so it’s just one more reason we should all support our local United Way!!

The details of the program are below.

Thanks for reading,

Jim Reed
NY Accident & Malpractice Lawyer
www.ZiffLaw.com
jreed@zifflaw.com

Trained call counselors help you find answers to non-emergency questions by directing you to the most appropriate service providers for your needs. 2-1-1 offers referrals for emergency food, shelter, clothing, crisis counseling, substance abuse issues, employment, financial and legal issues, physical and mental health needs, and more. If you need help, just ask! Call 2-1-1 or 1-877-FLNY2-1-1 (1-877-356-9211), accessible 24 hours a day, seven days a week, including holidays, with Spanish-speaking call counselors and Language Line Translation Services available.

2-1-1 of the Finger Lakes Region, NY, encompassing a 12 county area, is made possible through the joint efforts of the 2-1-1 Finger Lakes Collaborative. Led by United Way of the Southern Tier, additional partners of the collaborative include: the Institute for Human Services, United Way of Greater Rochester, LIFE LINE/ABVI-Goodwill, the Human Services Coalition of Tompkins County, United Way of Cayuga County, United Way of Seneca County, and others. This coordinated effort throughout the region will mean more efficient delivery of services to people who don’t know where to turn. It’s fast, confidential, multi-lingual, and comprehensive. Whether it’s mental health issues, crisis counseling, emergency food, shelter, clothing, or some other human service question, 2-1-1 has the answers.

Share on Facebook

Image via Wikipedia

James B. Reed, our managing partner, is way too humble to toot his own horn, and it will mortify him to read this post.  Nevertheless, I thought our loyal readers would be interested to know that we have a star among us!  Every year, an organization known as Super Lawyers selects attorneys from across the country to be included in its prestigious publication.  Less than 5% of attorneys meet its rigorous standards.  The selection process is long and arduous, too much so to list it here.  For anyone dying to know the process, it can be found on the Super Lawyers website: www.superlawyers.com.

I am very proud to congratulate Jim on his listing in New York Super Lawyers 2008, Upstate edition.  Frankly, we always thought of Jim as super, but its nice to know other people think that, too! This is far from the first time Jim has been recognized for his outstanding achievements in and out of of the courtroom, though.  Jim is a long standing member of the both the Million and Multi-Million Dollar Advocates Forum, and has been rated a perfect 10 by the lawyer rating website www.avvo.com.  Jim is actively involved in several local, state and national bar associations, and is a prolific writer on legal topics of all kinds, a fact of which our readers are well aware.

As significant as Jim’s achievement is, he is not the first attorney from the Ziff Law Firm to earn inclusion in New York Super Lawyers Upstate edition.  Senior partner Carl T. Hayden was included in the same publication last year.  In addition to the Super Lawyers inclusion, Carl is also a Fellow of the even more exclusive American College of Trial Lawyers, an honor bestowed upon only the top 1% of trial lawyers in the entire nation!

The next time you see Jim or Carl around town, feel free to congratulate them on their significant achievements, and don’t forget to ask them about their cape!

Thanks for reading,

Adam M. Gee, Esq.
New York and PA Personal Injury and Malpractice Attorney

The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Share on Facebook

The NY Times had a great article today discussing Medicare “Never Events”.  These are events that should NEVER occur in a proper medical setting.  In other words, if the medical providers are doing what they are supposed to be doing, these events should NEVER, EVER occur.  And if they do occur,  Medicare is saying that they will no longer pay Dr’s or hospitals for medical bills associated with these “Never” conditions.   In other words, if the Dr’s or hospitals screw up and hurt someone, Medicare is saying the Dr’s or hospitals don’t get paid.

Hallelulah!  Now that makes sense– instead of the medical providers getting paid more when they screw up, now they get paid nothing when they screw up.  I certainly embrace this as a step in the right direction as it will create a huge financial incentive for the medical profession to implement procedures to ensure that “never events”, never occur.

So, what is a Never Event?  Here’s the list from the NY Times:

Looking over the list of events that should NEVER occur, I am not surprised to see many of the types of events for which I have handled medical malpractice cases over the last 20 years–

– hospital falls because proper safety precautions were not taken,
– pulmonary embolish after surgery,
–surgical instruments left inside the patient,
–nasty bed sores because a patient wasn’t properly attended to or treated,
–infections, etc.

Although I am not surprised to see these things on the Never list, it makes me wonder why the Dr’s, Hospitals, their insurance companies and defense lawyers, fought me tooth and nail for year after year attempting to claim each and every one of these things could happen even though no one screwed up.  Hmmm, I wonder…..   I always thought that was a crock of bull and now it’s nice to have Medicare agree and stiff them on their bills.

Thanks for reading,

Jim Reed
NY Medical Malpractice Lawyer
Elmira, NY
jreed@zifflaw.com

Related articles by Zemanta

• $20,000,000+ Settlement Against Corning Hospital!

Share on Facebook

Image via Wikipedia

WETM-TV posted an update (see below) on the explosion at the Dresser Rand plant in Painted Post that badly injured two local workers, Art Shurgars and Gerald Leach.  We are relieved to hear that both workers seem to be medically stable.  Both local and federal investigators are investigating the cause of this explosion but so far no one has any definitive answers.

One of the things you quickly learn as an accident lawyer is that there are an amazing array of dangerous jobs that expose workers to harm every day.  Over the years, I have represented loggers, welders, construction carpenters, police officers, factory workers, firefighters, etc..  I never cease to be amazed by just how dangerous some jobs can be.

That’s why it is very important that employers take every step in their power to try to protect their workers from harm– whether it be safety equipment, safety training or implimenting safer ways of performing the work– it’s literally life or death for their employees, so it is critical that employers do what they can to provide a safer work environment.

Don’t get me wrong, I know sometimes things happen that no one could have anticipated or protected against.  However, what makes me angry are the people who were hurt because an employer decided to save some $$$ on safety equipment or training.  When that happens, sorry, but it is NOT an “accident”, it’s an injury or death just waiting to happen…

Thanks for reading,

Jim Reed
NY & PA Accident & Malpractice Lawyer
jreed@zifflaw.com

Two workers were injured in Sunday’s blast. Dresser Rand officials say Art Shurgars was released from the hospital with moderate injuries on Monday. But Gerald Leach is in critical condition at Arnot Ogden Medical Center in Elmira. Dresser Rand officials say he has made it out of surgery and is stable.

The Painted Post Police Chief says the blast happened when a cylinder was being pressure tested with helium near the middle of the Painted Post plant.

“At some point during this test, parts of it failed and resulted in an explosion,” said Robert Halm.

But there are still more questions on what exactly went wrong. Occupational Safety and Health Administration officials are now at Dresser Rand, looking for answers. A regional OSHA Director says investigators will take pictures of the scene and interview witnesses. They will also find out if this could have been prevented. If Dresser Rand is found to be in violation of any OSHA laws, they could be fined. A former Dresser Rand worker who worked with the man that was seriously injured says he was a conscientious worker.

”I know he does everything by the book. So there’s gotta be something else that went wrong,” said Jack Rease.

Dresser Rand’s Chief Safety officer is also investigating the blast.

Share on Facebook

WETM-TV reported the story below about a recent trial verdict in Steuben County, Bath, NY.  This is not a case handled by our firm and I am trying to contact the Corning attorney who represented the injured woman to see what happened in the case.  Stay tuned for more info.

You may wonder, why do I care about a care about a case handled by another lawyer?  Pretty simple.  As trial lawyers we often learn a lot by finding out what went wrong for another lawyer in another case.  Likewise, when there is a big verdict for the injured party, we learn by finding out what went right.  The bottom line is that to be an effective trial lawyer, you have to be learning all the time…..

Thanks for reading,

Jim Reed
NY and PA Injury and Malpractice Lawyer
jreed@zifflaw.com

Jury Rules City Not Responsible For Police Car Crash

A New York State Supreme Court jury has ruled that the City of Corning is not responsible for the injuries a woman suffered when her car collided with a police car. That’s according to the attorney representing the city in the case, Andrew Schwab.

The crash happened three years ago at the intersection of Bridge and Pulteney Streets. Schwab says 21-year old Maurica Tallarida was seeking over a million dollars in damages in the civil trial. She was ticketed for failing to yield the right of way but a Corning City Court judge threw out the ticket, citing witnesses that said it was the police car that ran the red light.

The Supreme Court jury ruled that the officer was not negligent. We were unable to reach Tallarida’s attorney for comment Friday night.

Share on Facebook

Image via Wikipedia

The national press is abuzz with the news that insurance giant AIG may be headed toward bankruptcy as the fallout from the sub prime mortgage mess continues.  Since AIG writes a LOT of insurance in NY, and we  have several clients who were injured in car crashes by defendants insured by AIG, people are naturally wondering how this may affect their personal injury case.  The answer we are giving is a simple one - don’t worry yet.

If you are insured by AIG, they will continue to pay for your defense and indemnify you for any judgment obtained against you up to the policy limits.  If you were injured as a result of the negligence of someone insured by AIG, the policy remains in effect as of this moment, and the policy limits remain available to satisy any judgment you may obtain.  This situation will change, though, the minute AIG files for bankruptcy.

In the event AIG does file for bankruptcy, this doesn’t mean your case goes down the tubes.  Understanding why requires a basic understanding of how insurance companies work, which I will attempt to explain.  On an ongoing basis, insurance companies are required to keep a certain aount of money on hand as “reserves”.  The reserves are meant to be sufficient to cover all outstanding claims against the insurance company.  A reserve is set in each individual case.  Some cases will be under reserved, and some cases will be over reserved, but they generally average out.  In the event that AIG does file for bankruptcy, New York State has a liquidation bureau that would take over the handling of all cases, hire attorneys to defend AIG insureds and pay any judgments obtained out of these reserved funds.

Even if AIG does file for bankruptcy, that doesn’t mean that your case must be settled at a discount.  If the company has reserved its cases correctly, there should be sufficient funds to cover all cases.  This won’t stop AIG attorneys from attempting to use this as a negotiation strategy, though.  I have personally had attorneys argue that because the insurance company in a case I was handling was in bankruptcy, I would have to accept less money than the case was worth.  Unbelievable logic isn’t it?  My client, who has done nothing wrong, is injured by by their insured, but I should accept less money because the insurance company can’t manage its business without going bankrupt?  Full value can still be obtained, as we have demonstrated in the past, but the wise practitioner will push their case to a conclusion as soon as possible.  When you know that there is a limited pot of money to deal with, you never want to be at the end of the line!

Thanks for reading,

Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Here are a couple links to stories about the AIG mess.

Related articles by Zemanta

• Crisis threatens insurance giant
• AIG in freefall
• AIG in desperate race to raise survival capital

Share on Facebook

If you’ve ever bought a new car, you know what a rush it is. There’s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you’ll have a reliable ride for a long, long time. 

But what happens when that new car isn’t so reliable? When you wake up one morning and have to come to terms with the fact that you’ve bought a lemon? Sergei Lemberg, an attorney specializing in lemon law, offers an overview of New York lemon law.

Sergei notes that every state has a lemon law, but that each of them is different. Under New York’s lemon law, some vehicles qualify as lemons and others don’t. If you’ve bought a new or used vehicle for personal, family, or household use, you’re covered. If you buy an RV, you’re covered. If you buy a motorcycle, you’re covered. If you buy a demonstrator – yep, you’re covered.

Now, on to definitions. In order to be considered a “lemon,” your vehicle’s defects have to affect its use, safety, or value. In other words, if it’s something minor, you don’t have a case. According to Sergei, the other catch is that the defects have to occur during the first two years from the delivery date or the first 18,000 miles on the odometer – whichever comes first. In addition, the vehicle must have been taken in four times for the same problem or been out of service for 30 days for a combination of problems. Even if the vehicle was repaired on the fifth attempt, it still qualifies as a lemon.

Sergei is quick to point out that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that battling them will be much easier with a lemon law attorney at your side. The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. That being said, with the help of a lawyer, you can often get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.

Hope you find this helpful and thanks for reading!

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com     http://www.zifflaw.com

Share on Facebook

Despite all the strides that have been made toward educating young drivers about the dangers of drinking and driving it seems that all too often we read news accounts of young passengers or drivers needlessly dying due to drunken driving.  A very sad example of this continuing problem is the news that a sixteen year old passenger, Stacey Lynn Crowley from Wellsboro, PA was killed on Route 287 in Pine Township, Lycoming County, PA just south of the Tioga County line.

Police were considering filing charges against a Trout Run man who was driving a pickup truck that crashed late Friday night, killing a Wellsboro High School senior who was riding in the back seat.
Stacey Lynn Crowley, 16, of Woodland Avenue in Wellsboro, died when the pickup truck she was riding in crashed along Route 287 in Lycoming County’s Pine Township. Lycoming County Chief Deputy Coroner Mark Lusk pronounced Crowley dead at the scene of the 10:12 p.m. crash in Lycoming County’s Pine Township.

Two other occupants of the 1994 Mazda pickup truck — driver Justin Sherman, 21 and Colin Campbell, 20, both of Trout Run — were listed in fair condition on Saturday at Williamsport General Hospital.

Lycoming County Coroner Chuck Kiessling said it appeared that alcohol was a factor in the crash.

“It seems like it,” Kiessling said. “But I don’t have any numbers yet.”

Kiessling said he would order an autopsy on Crowley at Lehigh Valley Medical Center in Allentown if police file charges of motor vehicle homicide against Sherman.

“I’m expecting charges to be filed,” Kiessling said Saturday afternoon. “I’m waiting to hear from the DA and the state police.”

State Trooper Sean Cooney wrote in a press release that Sherman was driving the Mazda pickup truck south on Route 287 and lost control of the vehicle. It traveled off the east side of the highway and flipped onto its left side, ejecting Crowley and Campbell, who was pinned partially underneath the vehicle, police wrote.

The lesson to be learned by all of us is simple– under no circumstances should you drink and drive!

Thanks for reading,

Jim Reed
NY and PA accident and injury lawyer
jreed@zifflaw.com

Share on Facebook