August 12, 2014

August 12, 2014 by mjpospis

Court Rules That City is not Liable When Sidewalk Defects Are Caused By Tree Roots

In an Order issued on August 12, 2014 in the matter of Gaifman v. City of New York, Index No. 155965-2014 – a sidewalk trip-and-fall case – the Supreme Court, New York County (Judge Freed) denied plaintiff’s application to file a late notice of claim. According to the supporting memorandum of law in the Gaifman case, plaintiff tripped and…

Second Circuit Clarifies SOX Whistleblowing Standard

In Nielsen v. AECOM Technology Corp. (decided August 8, 2014), the Second Circuit clarified the standard to be applied when evaluating whistleblower retaliation claims under Section 806 the Sarbanes-Oxley Act of 2002, codified at 18 U.S.C. § 1514A (SOX). Congress enacted SOX “[t]o safeguard investors in public companies and restore trust in the financial markets following the collapse of…