Sharply Divided Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment | New York Law Journal

By Andrew Denney

Ruling on an issue that has divided New York judges and “perplexed courts for some time,” a split Court of Appeals ruled that plaintiffs in comparative negligence cases need not bear the “double burden” of disproving their own negligence to win on summary judgment.

The high court’s 4-3 ruling clears up an issue that has bedeviled New York courts for decades, which has resulting in inconsistent case law on the issue of whether plaintiffs have to show that they are free of negligence to succeed on a summary judgment motion when determining a defendant’s liability.

Writing for the majority, Judge Paul Feinman said placing the burden on the plaintiff, a New York City sanitation worker injured on the job who sued the city government, to show an absence of fault is inconsistent with a state statute, which since 1975 has directed courts to assess a plaintiff’s comparative negligence only at the damages stage.

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A guide to car subscriptions, the alternative to buying and leasing–CNET/Roadshow

BY 

It’s 2018. We have drones and hoverboards, our phones unlock by scanning our faces and anything in the world can be delivered to your door with a couple of clicks. Why should we be stuck with buying or leasing as our only means of procuring a car to drive?

Thankfully, vehicle subscription services are becoming more and more popular. Think of it like any other subscription: Sign up for what you want, cancel it when you’re done. From automakers to third-party companies, there are many ways to subscribe to your next new car.

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Madison Square Garden Has Used Face-Scanning Technology on Customers – The New York Times

Madison Square Garden has quietly used facial-recognition technology to bolster security and identify those entering the building, according to multiple people familiar with the arena’s security procedures.

The technology uses cameras to capture images of people, and then an algorithm compares the images to a database of photographs to help identify the person and, when used for security purposes, to determine if the person is considered a problem. The technology, which is sometimes used for marketing and promotions, has raised concerns over personal privacy and the security of any data that is stored by the system.

“MSG continues to test and explore the use of new technologies to ensure we’re employing the most effective security procedures to provide a safe and wonderful experience for our guests,” the Garden said in a statement.

A spokeswoman for the Garden declined to answer questions about the use of face-scanning technology.

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DCJS fires forensic director – Times Union

By Brendan J. Lyons

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ALBANY — A top official at the state Division of Criminal Justice Services was fired Thursday, four days after the Times Union reported that he was never punished by the agency after an inspector general’s investigation found that he had threatened female employees with physical violence and engaged in years of sexual harassment.

A spokeswoman for DCJS issued a statement Thursday evening claiming the termination of Brian J. Gestring, the director of the the agency’s Office of Forensic Science since 2012, was unrelated to the inspector general’s findings, which she said their agency could not substantiate.

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Gestring, 48, a former New York Police Department scientist, is also a member of the state’s Commission on Forensic Science, which oversees crime laboratories across New York. He will be required to step down from that post due to his termination.

The examination of Gestring’s alleged workplace misconduct began last May when investigators with the inspector general’s office stumbled onto the charges during an unrelated probe of negligence by a DCJS employee involving DNA evidence in a Suffolk County criminal case.

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HeartMonitor Apple Watch app lets you continuously track heart rate without workouts | 9to5Mac

Developer Zach Simone has today unveiled a new iPhone and Apple Watch app that tracks heart rate without activating a traditional Workout. The app, called HeartMonitor, allows you to continuously track your heart rate during so-called “sessions” of activity, while the accompanying iPhone app makes that heart rate data easy to monitor…
 
 
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Pro Bono Opportunities | Free LIT Program

Pro Bono Opportunities Lunch and Learn
Free Program for NYSBA Members
Register

Sponsored by the Committee on Lawyers in Transition and the Department of Pro Bono Services of the New York State Bar Association.

Panelists will discuss how they got involved with Pro Bono legal representation and about their feelings regarding the experience and its benefits to their legal careers.

Thursday, March 29, 2018
11:30 a.m. – 1:30 p.m.

New York State Bar Association
One Elk Street | Albany, NY 12207

Free Program for NYSBA Members | Non-members $100

Program Faculty:
Erin K. Flynn, Esq., Chair, Committee on Lawyers in Transition
Marcy C. John, Esq., Volunteer Lawyers Project of Onondaga County Inc.
Anne L. LaBarbera, Esq.
Faye Polayes, Esq., Ernst & Young
Susan Pattenaude, Esq., The Legal Project
Myleah Misenhimer, Esq., Legal Aid Society of Northeastern New York
Kristen Wagner, Esq., Director, Pro Bono Services, New York State Bar Association

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Kristen Wagner Esq.
New York State Bar Association
Albany NY
(518) 487-5640
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The Legal Profession in Transition- Solo Practitioners and Their Future – Jim Calloway’s Law Practice Tips Blog

Jim Calloway reviews and comments on your editor’s most recent articles:
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Stephen P. Gallagher is a thought leader and deep thinker about our future. He is also a long-term friend and mentor of mine. But his area of interest isn’t about the latest technology. He focuses on the challenges of human beings practicing law. His company is LeadershipCoach.us.  Leonard E. Sienko, Jr. is a solo practitioner in Hancock, NY.

These two teamed up to write “For Sole Practitioners, the Future’s Not What It Used to Be in 2015 for the New York State Bar Association Journal. Some of the thoughts that they discussed then about the future of law seem timeless and others are already somewhat dated, even though it has been less than three years since its publication. Mr. Sienko is understandably proud of his career as what we would now call in futurist circles, an artisan lawyer. Today being an artisan lawyer is often referenced as the opposite of the preferred modern “lean” systems-based lawyer. I note that there are many artisan lawyers still practicing and delivering great value to their clients.

Their follow up article, The Legal Profession in TransitionDownload The Legal Profession in Transition – Gallagher-Sienko-Sept17 was published in September 2017. In it, they discuss Baby Boomers in the legal profession. Sienko postulates that “The new reality is that many lawyers and others are in no position financially to retire.”

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