Monthly Archives: January 2016

Gordon & Silber Obtains Dismissal On Behalf Of The New York Yankees And Major League Baseball In Case Featured In The New York Times

Plaintiff, the General Counsel and Executive Vice President of a developer of Manhattan real estate, brought suit for serious personal injuries he sustained to his face after he was struck by a foul ball at a game between the New York Yankees and the Oakland Athletics in 2011. Plaintiff contended that defendants were negligent because they did not ban the umbrellas that were obstructing his view or cancel or postpone the game due to intermittent and sometimes heavy rainfall.  Continue reading

After Removal Case Dismissed on Ground of no Serious Injury — Important Decision in Field

Jon Lichtenstein Removes Case To Federal Court And Obtains Summary Judgment On The Grounds Of No Serious Injury. Court Makes Several Important Findings Making Mva Cases Easier To Defend. United States District Court, Eastern District, Honorable John Gleeson

The plaintiff livery driver was hit in the rear while at a red light. He brought suit against the operator, the employer and the lessor of the vehicle claiming serious injuries to his low back, left knee, right shoulder and neck.  We represented all the defendants.  Plaintiff brought the case in Kings County, but we removed it to federal court on the basis of diversity jurisdiction in order to 1) put plaintiff’s attorney at a disadvantage; 2) to obtain a more defense oriented jury pool; 3) for a faster resolution of the case; 4) and to access a judge with the time and ability to sift through the thicket of factual and legal issues necessary to win on summary judgment on the grounds of the serious injury threshold of the New York No Fault law.   Continue reading