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Construction Site Accidents: The Law & the Trial 2012
Friday, November 30, 2012
- Location -
Melville Marriott Long Island
1350 Old Walt Whitman Road
Melville, NY 11747
(631) 423-1600
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: Brian Shoot, Esq., Alice Spitz, Esq., Christopher
Sallay, Esq., Aviva Stein, Esq., Ben Rubinowitz, Esq., Matthew Zullo,
Esq., Roy Vasile, Esq., Jeff Korek, Esq., Wade Dempsey, Esq., Larry Lum,
Esq., Evan Torgan, 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.
The last day to pre-register online was November 29, 2012.
Members, please login to get member discounts.
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LI-Registration
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$165.00
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LI-Registration
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$265.00
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LI-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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