Second Department Rules Against Owner of Local McDonald’s in Premises Liability Case

A unanimous panel of Second Department Justices upheld the decision of a lower court denying summary judgment in favor of the national food chain McDonald’s. The case was initially brought in the Supreme Court of Kings County after an individual was hurt in a McDonald’s main lobby.  The Plaintiff was standing in line waiting to order when two women behind him began to fight.  The man then attempted to break up the fight, and, following his intervention, onlookers began to assault him.  The Plaintiff brought the claim against the individual for the injuries suffered, along with the owner of the local McDonald’s for a failure to provide adequate security at the subject premises. Continue reading “Second Department Rules Against Owner of Local McDonald’s in Premises Liability Case”

New York Appellate Division 1st Department Rules on Discovery of Facebook Posts

The defendant sought to introduce evidence from the plaintiff’s Facebook account to contradict the plaintiff’s claim that her “social network went from huge to nothing.”  During deposition, the plaintiff had admitted to posting photographs depicting her engaged in fun activities.  The plaintiff had deactivated her Facebook account sometime after the accident and after the commencement of the case.  Subsequently, the defendant made a motion to obtain all the plaintiff’s Facebook records without limitation.  This included all text messages sent through Facebook, photographs, and any other content posted.

Continue reading “New York Appellate Division 1st Department Rules on Discovery of Facebook Posts”

Proposed Changes to the Federal Rules of Civil Procedure 2015

The amendments were officially proposed on August 15, 2013. Public commentary elicited since then includes over 2,300 remarks on all sides of the spectrum. The commentary period closed on February 18, 2014.  The Judiciary Conference’s Advisory Committee on Civil Rules first explored amending the rules in May 2010 at a conference held at Duke University School of Law. Twenty-eight changes to Rules were proposed to the Supreme Court as a result.

Continue reading “Proposed Changes to the Federal Rules of Civil Procedure 2015”