http://www.newyorkinjuryattorneyblog.com/ Published by Law Offices of Mark A. Eskenazi, LLC en-us 2010-06-09T15:33:04-05:00 http://www.newyorkinjuryattorneyblog.com/2010/06/speeding_we_dont_need_no_stink.html Supreme Court of Ohio: City of Barberton v. Jenny Maybe he wasn’t traveling faster than a speeding bullet, but defendant Mark Jenny was driving fast enough to catch the eye of Officer Santimarino. The question the court had to resolve:... Crime and Punishment Mark A. Eskenazi 2010-06-09T15:33:04-05:00 http://www.newyorkinjuryattorneyblog.com/2010/05/cost_of_living_no_wrongful_lif.html New York Appellate Division, Second Department: DeChico v. Northern Westchester Hospital Center et. al. Gianluca DeChico was born with schizencephaly, “a rare and sever congenital brain defect.” On her own behalf and on behalf of her child, Gianluco’s mother sued... Damages Mark A. Eskenazi 2010-05-19T06:39:34-05:00 http://www.newyorkinjuryattorneyblog.com/2010/05/freedom_of_religion_mad_hatter.html US District Court, Eastern District of Michigan, Southern District: CAIR v. Judge William Callahan Is this a blow against Muslim freedom of religion or not? You decide. The District Court upheld Wayne County Judge William Callahan’s declaration to hijab-wearing plaintiff... Religion Mark A. Eskenazi 2010-05-09T18:54:14-05:00 http://www.newyorkinjuryattorneyblog.com/2010/04/sixth_amendment_right_to_couns_1.html District of Columbia Court of Appeals: Kelvin L. Martin v. United States Kelvin Martin was convicted of assaulting US Park Police Officer Ross Dykman after he was halted in traffic because his front seat passenger was drinking from a bottle... Unconstitutional Mark A. Eskenazi 2010-04-05T15:24:55-05:00 http://www.newyorkinjuryattorneyblog.com/2010/02/fostering_unity_cant_blame_the.html New York State Appellate Division, Second Department: McCabe v. Dutchess County The rule in New York is that a child cannot sue his or her parents for damages resulting from negligent supervision. Kids always have accidents growing up. It’s part... Damages Mark A. Eskenazi 2010-02-12T09:21:53-05:00 http://www.newyorkinjuryattorneyblog.com/2010/01/sexual_discrimination_quid_pro.html Superior Court of New Jersey Appellate Division: J.T.’s Tire Service v. United Rentals There are basically two forms of sexual harassment: The first is quid pro quo sexual harassment, which “occurs when an employer attempts to make an employee’s submission... Discrimination Mark A. Eskenazi 2010-01-15T13:59:54-05:00 http://www.newyorkinjuryattorneyblog.com/2009/12/cell_phone_records_numbers_ple.html New York State Appellate Division, 3rd Department: Detraglia v. Grant Cell phones continue to make law. Last month we looked to Ohio where the court concluded it is a crime to destroy the cell phone of someone calling authorities for... Auto Accidents Mark A. Eskenazi 2009-12-24T10:20:47-05:00 http://www.newyorkinjuryattorneyblog.com/2009/11/911_cell_phone_cell.html Supreme Court of Ohio: State of Ohio v. Robinson The law is a slow moving behemoth. Technology changes at a meteoric pace. Watching the law trying to keep up can be amusing and depressing. It can also leave one wondering... Brave New World Mark A. Eskenazi 2009-11-24T17:00:23-05:00 http://www.newyorkinjuryattorneyblog.com/2009/10/cyber_lawlessness_what_a_wicke.html US Court of Appeals for the Third Circuit: United States v. Fullmer et. al. We live in very contentious times. The red-state-blue-state divide is political, geographical and cultural. Debate about issues is frequently obscured by the politics of hate, by... Speech Mark A. Eskenazi 2009-10-26T15:45:52-05:00 http://www.newyorkinjuryattorneyblog.com/2009/09/age_discrimination_it_wasnt_me.html U.S. Court of Appeals for the Second Circuit: Halpert v. Manhattan Apartments, Inc. In New York, unless you’re in a union, are a government worker or have a contract of employment, you are an at-will employee. You can be fired... Employment Discrimination Mark A. Eskenazi 2009-09-15T12:33:53-05:00