
Construction Site Accidents: The Law & the Trial 2012
Friday, December 14, 2012
- Location - 9 a.m. to 4:30 p.m. 7.0 MCLE Credits (4.0 Skills; 2.5 Areas of
Professional Practice; 0.5 Ethics) Agenda8:30-9:00 a.m.Registration (outside of the meeting room)9:00 a.m. - 9:10 Welcome and IntroductionPart I – The Law9:10-10:00 The Law of Construction Site Accidents - Labor Law Sec. 240- The Statutory Requirements as defined by the Courts - Falls from a height and falling objects - The Defenses - Sole Proximate Cause and Recalcitrant Worker 10:00-10:50 Key Issues Between the Defendants and Their Carriers- Indemnity and Partial Indemnity - Third Party Practice - How Grave is the Grave Injury Requirement? - Ethical Considerations - the Client vs. the Carrier 10:50-11:05 Break11:05-11:55 The Key Investigation, Depositions and Summary Judgment Motions- Investigation - the essential materials - Depositions - What are you trying to prove? - Summary Judgment Motions - making and defending Part II -- The Trial of a Labor Law Case with Live Witnesses11:55-12:45 p.m. Opening Statements- Plaintiff and Defendant (Live Demonstration)12:45-1:45 LUNCH (on your own)1:45-2:35 Direct and Cross Examination of the Plaintiff- Plaintiff’s attorney - Defense attorney 2:35-3:25 Direct and Cross Examination of the Site Foreman as an Adverse Witness (Live Demonstration)- Plaintiff’s attorney - Defense attorney 3:25-3:40 Break3:40-4:30 Closing Arguments - Plaintiff and Defendant Summations (Live Demonstration)- Defense attorney - Plaintiff’s attorney 4:30 AdjournmentOverall Program Co-Chairs: Howard Hershenhorn, Esq. and Christopher Sallay, Esq. of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz Speakers: Timothy J. Higgins, Esq., Mackenzie Monaco, Esq., Peter Moschetti, Esq., Kevin P. Burke, Esq., Terence S. Hannigan, Esq., Brian Breedlove, Esq. New this Fall: All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing. Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date. Directions From the South/West Take Thruway to Exit 24 - Northway (I-87) Take the Northway (I-87 North) to Exit 6 Make left on to Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see Wendy's on your left Turn left at Wendy's onto British-American Blvd. Follow for ¼ mile to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the North Take the Northway (I-87) to Exit 6 Turn right onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see Wendy's on your left Turn left at Wendy's British-American Blvd. Follow for ¼ mile to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the East 1-90 to the end - follow signs to I-87 North Take Exit 6 Turn left onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see Wendy's on your left Turn left at Wendy's British-American Blvd. Follow for ¼ mile to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac PARKING IS NOT PERMITTED ON CORNELL ROAD, GRASSY AREAS OR IN EMERGENCY ZONES IN FRONT OF THE BUILDING.The last day to pre-register online was December 13, 2012. Members, please login to get member discounts.
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