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Construction Site Accidents: The Law & the Trial 2012
Friday, December 14, 2012
- Location -
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400
9 a.m. to 4:30 p.m.
7.0 MCLE Credits (4.0 Skills; 2.5 Areas of
Professional Practice; 0.5 Ethics)
Agenda
8:30-9:00 a.m.
Registration (outside of the meeting room)
9:00 a.m. - 9:10 Welcome and Introduction
Part I – The Law
9:10-10:00 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 Break
11:05-11:55 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
Witnesses
11:55-12:45 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 Break
3:40-4:30 Closing Arguments - Plaintiff and Defendant
Summations (Live Demonstration)
- Defense attorney
- Plaintiff’s attorney
4:30 Adjournment
Overall 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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ALB-Registration
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$165.00
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ALB-Registration
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$265.00
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ALB-Registration
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$60.00
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Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please
contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.
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