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Allison Gammons, Respondent,v.City of New York, et al., Appellants.

Brief

75 Cited authorities

  1. Christopher v. Harbury

    536 U.S. 403 (2002)   Cited 5,081 times
    Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad

  2. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 889 times   10 Legal Analyses
    Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard

  3. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 3,224 times
    Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall

  4. Giuffrida v. Citibank Corp.

    100 N.Y.2d 72 (N.Y. 2003)   Cited 1,409 times
    Discussing legislative reforms

  5. Atlas Roofing Co. v. Occupational Safety Comm'n

    430 U.S. 442 (1977)   Cited 321 times   8 Legal Analyses
    Holding that a jury trial was not necessary for the adjudication of actions brought by the government to "correct unsafe working conditions" and to "impose civil penalties on any employer maintaining any unsafe working condition"

  6. Rivera v. N Y City Tr. Auth

    77 N.Y.2d 322 (N.Y. 1991)   Cited 369 times
    Discussing the emergency doctrine and noting that "[t]his doctrine recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context"

  7. Whirlpool Corp. v. Marshall

    445 U.S. 1 (1980)   Cited 163 times
    Upholding OSHA regulation that employee may walk off an unreasonably dangerous job

  8. Commonwealth of the N. Mariana Islands v. Canadian Imperial Bank of Commerce

    2013 N.Y. Slip Op. 3018 (N.Y. 2013)   Cited 117 times   2 Legal Analyses
    Holding that the phrase “possession or custody” in § 5225(b) requires actual, and not merely constructive, possession

  9. Swekel v. City of River Rouge

    119 F.3d 1259 (6th Cir. 1997)   Cited 180 times
    Holding that the right of access is destroyed when "the courtroom door [is] hermetically sealed by a functionary who destroys the evidence crucial to [a party's] case"

  10. Williams v. City of New York

    2 N.Y.3d 352 (N.Y. 2004)   Cited 122 times
    Discussing General Municipal Law § 205-e, the sister provision of section 205-a

  11. Section 901 - Short title

    33 U.S.C. § 901   Cited 4,125 times   20 Legal Analyses

    This chapter may be cited as "Longshore and Harbor Workers' Compensation Act." 33 U.S.C. § 901 Mar. 4, 1927, ch. 509, §1, 44 Stat. 1424; Pub. L. 98-426, §27(d)(1), Sept. 28, 1984, 98 Stat. 1654. EDITORIAL NOTES AMENDMENTS1984- Pub. L. 98-426 substituted "Longshore" for "Longshoremen's". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-426, §28(a)-(g), Sept. 28, 1984, 98 Stat. 1655, provided that:"(a) Except as otherwise provided in this section, the amendments

  12. Section 651 - Congressional statement of findings and declaration of purpose and policy

    29 U.S.C. § 651   Cited 1,486 times   19 Legal Analyses
    Noting the OSH Act arose from concern surrounding "personal injuries and illnesses arising out of work situations"

  13. Section 653 - Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected

    29 U.S.C. § 653   Cited 360 times   4 Legal Analyses
    Establishing that nothing in the OSHA statute "shall be construed to ... enlarge or diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under any law ..."

  14. Section 1910.23 - Ladders

    29 C.F.R. § 1910.23   Cited 78 times
    Stipulating that "[a]ll handrails and railings shall be provided with a clearance of not less than 3 inches between the handrail or railing and any other object"

  15. Section 800.3 - Adoption of standards

    N.Y. Comp. Codes R. & Regs. tit. 12 § 800.3   Cited 14 times

    The Commissioner of Labor adopts, as the occupational safety and health standards for the protection of the safety and health of public employees, all of the standards in the below-listed parts of title 29 of the Code of Federal Regulations: Part 1910-General Industry Standards; July 1, 2021 edition, with the exception of section 1910.1000 -Air Contaminants, which is addressed by section 800.5 of this Part, and the exception of subpart U. Part 1915-Shipyard Employment Standards; July 1, 2021 edition

  16. Appendix C to Subpart I of Part 1910 - Personal Fall Protection Systems Non-Mandatory Guidelines

    29 C.F.R. § 1910 app C to Subpart I of Part 1910   2 Legal Analyses

    The following information generally applies to all personal fall protection systems and is intended to assist employers and employees comply with the requirements of § 1910.140 for personal fall protection systems. (a) Planning considerations. It is important for employers to plan prior to using personal fall protection systems. Probably the most overlooked component of planning is locating suitable anchorage points. Such planning should ideally be done before the structure or building is constructed