Legal Updates

August 2018 – PA Workers’ Compensation Benefits
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Pennsylvania has a Workers’ Compensation law requiring employers to be responsible for injuries to employees on the job site for both medical treatment and lost wages.  Typically, the Workers’ Compensation carrier claims a lien interest in any third party case (case between the employee and someone who is not the employer) for the money it… Continue reading August 2018 – PA Workers’ Compensation Benefits

June 2018 – Summary Judgment Update
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Personal injury plaintiffs in New York state have cleared a significant obstacle on the path to summary judgment after a ruling by the New York Court of Appeals on April 3, 2018. In the case of Rodriguez v City of New York, it was undisputed the plaintiff, Carlos Rodriguez, was injured when his coworkers, in… Continue reading June 2018 – Summary Judgment Update

Attorney Black Elected to Board of Challenger Learning Center
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Black, Lyle & Habberfield is pleased to announce the election of Jeffrey A. Black, Esq. to the Board of Directors for the Challenger Learning Center. The space-themed educational facility located at 182 East Union St., Suite 2, Allegany, NY, near St. Bonaventure University, offers programs including flight simulation classes and summer rocket camps, for students… Continue reading Attorney Black Elected to Board of Challenger Learning Center

March 2018 – Nursing Home Resident Rights
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It is important for nursing home residents and their loved ones to be aware of their rights and protections under the law.  Every nursing home facility must list and give all new residents a copy of these rights. These resident rights include, but are not limited to: The right to be treated with dignity and… Continue reading March 2018 – Nursing Home Resident Rights

October 2017 – Choice of Venue Update
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In civil actions, venue refers to the correct county in which to bring an action. In New York State, in the absence of a prior agreement, the options on where to place venue for a lawsuit have been restrictive.  Other than for controversies concerning ownership or use of property, or against governmental entities, choice of… Continue reading October 2017 – Choice of Venue Update

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