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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Amusement Park Must Keep Patrons Safe

As an attorney who has handled many amusement park injury cases against parks like Six Flags and others, I am concerned when employees continue to fail to keep their patrons safe. An employee of the park knows the ride better than the customers and it is that persons

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Fall Was The Result Of Elevated Related Risk

In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Sovereign Immunity Grounds Do Not Always Apply

In Sue/Perior Concrete & Paving v. Lewiston Golf Course Corporation, (4th Dept. 2013) the court held that “The central question on this appeal is whether defendant Lewiston Golf Course Corporation (LGCC), a corporation formed under the laws of the Seneca Nation of Indians (Nation or SNI), is protected

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Jeep Strollers causing injury prompting recall

Jeep vehicles aren’t the only thing being recalled bearing the “Jeep” name. Kolcraft is recalling Jeep Liberty Strollers. These strollers look rough and tumble and provide your little one with a comfy looking ride complete with toy steering wheel, key, and gear shifter. However, they are causing injuries

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Chrysler recalls 2.7 Million Jeeps

Chrysler is recalling 2.7 million Jeeps because of fires. The National Highway Traffic Safety Administration says there have been too many deaths from fires when Jeeps are hit from behind. The picture shows the fuel tank exposed below the bumper. In a crash the vehicle can burst into

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

GM Recalls 200,000 SUVs

GM is recalling 200,000 midsize SUVs due to fire hazards in the driver’s side door. Vehicles in the snow belt states, including upstate New York, are more prone to catch fire. The fires start in in the master power door and window module which can short out and

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Rear End Crash Denied Summary Judgment

In Borowski v. Ptak, (4th Dept. June 2013), a 3-2 decision, the Fourth Department upheld the lower Court’s denial of a summary judgement motion for defendant.

This rear-end crash was a little different than most cases. In this case the Plaintiff was the party that rear-ended the defendant.

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Safety Group Seeks Recall of Five Million Jeeps

The Center for Auto Safety is asking Chrysler Group and Fiat to recall about five million vehicles. The safety group also been urging a recall of 1993-2004 Jeep Grand Cherokees since 2009, stating the vehicles have two problems that involving fire hazards when the vehicle is rear-ended. The

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Talk Texting With Your Loved Ones

Besides being a personal injury attorney, I am a runner. I run all over Buffalo and Western New York. What amazes me is the number of people I see texting or talking while driving. I see them jolted into awareness, taking quick action when they bring their eyes

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Fourth Department Holds No Video Allowed For “NPE”

In Flores v. Vescera, (4th Dept. April 2013) the plaintiff appealed from a protective order that denied her demand to videotape a neuropsychological evaluation (NPE). The Curt held that there is no express statutory authority to videotape medical examinations and that videotaping has not been allowed in the

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Fourth Department Upholds §241(6) Labor Law Claim

As an experienced Labor Law injury attorney in Western New York and Buffalo, I continue to see injured construction and other type of workers despite laws put in place for their protection. In Smith v. Nestle Purina Petcare Co., (4th Dept. 2013) the Appellate Division upheld the plaintiff’s

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Safe Drivers Recognized

The NFTA recognized several professional bus drivers who served more than 30 years without an accident. As attorneys frequently deal with truck accidents and bus accident and recognize most drivers are professionals who do a fine job, sometimes under difficult circumstances. But it seems we don’t hear about

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Feroleto Law Cleans Up

Attorney, Christine Vogel organized the Feroleto law contribution to the Buffalo Niagara River keeper Spring shoreline cleanup April 20. Paralegals Rachel Felix and Erica Obermiller, attorneys Paul Becker and John Feroleto and John’s sons, attorneys, John Feroleto and Joel Feroleto all pitched in to remove many bags of

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Deadly Construction in Texas

We recently wrote a blog entry about NYS Scaffold law and the importance of it. Attorney John Feroleto also appeared on the Capitol Pressroom to discuss this law and why it is important and must remain on the books. Not all States have safeguards for workers, especially construction

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Ohio Court Finds Employment Agreement Unenforceable That Requires Attorney to Return 95% of Fees

Headway of WNY can use things you won’t use.

Headway of WNY is a great organization, consisting mostly of volunteers who help people with traumatic brain injuries. As an injury attorney, I have clients who have very normal lives and suddenly have something happen to them or a family member such as a car accident, truck accident,

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