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News Briefs
Prisoners Failed to Show Unreasonable Silica Exposure
Plaintiff inmate complaints that their Eighth Amendment (cruel and unusual punishment) rights were violated were dismissed because plaintiffs, who claimed injury from silica dust exposure, could present no authority to suggest that the violation of an OSHA regulation could serve as the sole basis for such a claim without evidence of their actual unreasonable exposure to the substance. Vann v. Donnelly, 2005 U.S. Dist. LEXIS 3888 (W.D.N.Y. 2/1/05).
Plaintiffs ' present or former inmates at Wende Correctional Facility (“WCF”) in New York ' contended, among other things, that they were exposed to cement dust containing crystalline silica in connection with the construction of two cement picnic tables. Neither plaintiff actually worked on the picnic table construction project (both worked in nearby buildings) and neither alleged that he yet suffered symptoms of any illness or injury as a result of the exposure. Instead, plaintiffs relied primarily on allegations that prison officials did not comply with Occupational Safety Hazard Association (“OSHA”) regulations when supervising the construction.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.