After nine successful years, Bowitch & Coffey is closing its doors. Starting August 1, 2021, Gary Bowitch and Dan Coffey will be practicing law in their own law firms and will continue to provide clients with the same high quality legal services in their areas of expertise. Their new contact information is:
Gary S. Bowitch
Attorney at Law
13 Willow Street
Castleton, NY 12033
Phone: 518-527-2232
Email: gbowitch@bowitchlaw.com
Bowitch Law New Website
Daniel Coffey
Coffey Law PLLC
17 Elk Street
Albany, NY 12207
Phone: 518-813-9500
Email: Dan@coffeylawny.com
Coffey Law New Website
Expert Witnesses: New York State vs. Federal Practice
Any case sued in New York state court where damages exceed $75,000 may be removed to federal court by the defendant if the plaintiff and the defendant are “residents” of different states. This is based on a federal statute which gives federal courts “diversity jurisdiction” and is believed to give out of state defendants more protection than he/she would receive in the local state courts. In most of the product liability subrogation matters I’ve handled, the corporate defendant usually is located out of state and usually removes my state court case to federal court. The defendant must file the removal immediately – once the defendant has answered the complaint, he is deemed to have accepted the jurisdiction of the state court.
Fire Subrogation Claim Dismissed as Against Contractor
The legal definition of “negligence” is: “the lack of ordinary care… a failure to use that degree of care that a reasonably prudent person would have used under the circumstances.” [1] In a negligence action, the jury is typically asked to answer two questions: (1) Was the defendant negligent? and (2) was the defendant’s negligence the proximate cause of plaintiff’s damages?
High Court Denies Defendant Motion to Dismiss Products Liability Action
A New York products liability action must allege one or more of the three following theories: (a) the product was defective due to some error in the manufacturing/assembly process; (b) the product was defectively designed; and/or (c) the producer of the product failed to provide adequate warnings.
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- Can I Sue a Child or a Child’s Parents?
- Court Dismisses Products Case Against Component Manufacturers
- Court Rules on “Anti-Subrogation” Rule and “Waiver of Subrogation” Clause
- Federal Judge Finds No Spoliation, Denies Daubert Challenge in Nutone Fan Case
- Defendant May Counterclaim in a Subrogation Action
