A recent AAJ article reports that a petition is pending requesting that the Supreme Court allow active duty military personnel to sue the government. Petty Officer Nathan Hafterson died on March 26, 2006, at Naval Hospital Jacksonville after being admitted for trouble breathing. His attorneys state that it would put military members on the same footing as civilians under the Federal Tort Claims Act. This malpractice action was denied by the lower courts because a federal law (known as the Feres doctrine) prohibits active military members from suing the US government.
Fourth Department Upholds §241(6) Labor Law Claim
April 29, 2013
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