Legal Updates

Black, Lyle & Habberfield attorneys selected to Super Lawyers List
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The law firm of Black, Lyle & Habberfield, LLP has announced all three of its partners have been named to the 2017 Super Lawyers List for Upstate New York. Super Lawyers rates attorneys in all 50 states and Washington D.C. based on peer nominations and professional achievement. Selections are published online and as a special… Continue reading Black, Lyle & Habberfield attorneys selected to Super Lawyers List

October 2016 – Arbitration Update
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October 7, 2016 – Nursing Home arbitration clause rejected by the Centers for Medicare and Medicaid Services (“CMS”). As some of you may know, many nursing homes require patients seeking admission to agree to resolve disputes through binding arbitration, eliminating a person’s 7th Amendment right to a jury trial.  Thankfully, CMS has issued new standards… Continue reading October 2016 – Arbitration Update

July 2016 Common Law Marriage Update
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July 20, 2016 – Common Law Marriage is a marriage that exists by law but has not been validated by a marriage license and/or a ceremony.  Common Law Marriage has been utilized in the United States since the late 1800s.  While it does not exist in many states today, it did exist in many states… Continue reading July 2016 Common Law Marriage Update

June 2016 Duty of Care Update
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At the end of the 2015 calendar year the New York Court of Appeals issued a majority decision in the case of Davis v. South Nassau Communities Hospital, 26 N.Y.3d  569 (2015) which expanded the duty that medical providers owe to non-patients.  In this case, the plaintiff (Ms. Davis) was injured when a bus she… Continue reading June 2016 Duty of Care Update

June 2016 Distracted Driving Update
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We all know the dangers of distracted driving.  Talking while driving and texting while driving are dangerous activities and are illegal in many states.  If someone causes a car crash because they are texting while driving there can be no debate that they should face liability for their actions.  So if you answer or respond… Continue reading June 2016 Distracted Driving Update

May 2016 Directions in Independent Living
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Directions in Independent Living is an amazing resource available to persons with disabilities in Allegany and Cattaraugus counties. Located at 512 West State Street in Olean, New York, Directions in Independent Living provides numerous services to persons in our area with a disability.  They work with individuals suffering from both physical and mental disabilities and provide… Continue reading May 2016 Directions in Independent Living

February 2016 Liability Limits Update
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This month’s update for Pennsylvania practitioner’s will break from the normal practice of commenting on a case law driven development in the law and instead will address an important legislative issue.  As we all know, unless you’re an insurance carrier there is not much argument that Pennsylvania’s minimum automobile liability insurance limits of $15,000/$30,000 are… Continue reading February 2016 Liability Limits Update

February 2016 Trivial Defect Update
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The Court of Appeals recently gave personal injury practitioners some more certainty on a matter of uncertainties.  Please excuse the convoluted introduction but it is apt as the Court’s ruling in Hutchinson v. Sheridan Hill House Corporation, 26 N.Y.3d 66, 19 N.Y.S.3d 802 (2015) has given much needed clarity to the so-called “trivial defect” doctrine.… Continue reading February 2016 Trivial Defect Update

January 2016 Serious Injury Update
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November 19, 2015 – The Pennsylvania Superior Court has held that the statute of limitations period cannot begin to run on a limited tort plaintiff until he or she knows or reasonably should know that he or she has sustained the requisite injury.  Varner-Mort v. Kapfhammer, 2015 Pa. Super. 14 (Jan. 21, 2015). Timeline: ­Varner-Mort… Continue reading January 2016 Serious Injury Update

January 2016 Animal Law Update
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September 22, 2015 – The New York State Court of Appeals has held that an individual injured by a pet, other than a farm animal, may not institute a negligence cause of action against the owner of the animal based on improper supervision of the animal.  However, consistent with long standing precedent, if the domesticated… Continue reading January 2016 Animal Law Update