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Defending Construction Accidents Under New York Labor Law

(346 reviews)

Produced on September 25, 2018

$ 89 Insurance, Personal Injury and Negligence, and Labor & Employment In Stock
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Course Information

Time 1h 16m
Difficulty Intermediate

Course Description

Ellen Greiper, partner at Lewis Brisbois Bisgaard & Smith LLP, will present alongside Diana Gerstberger of Axis Capital on the defense of construction accidents under New York Labor Law. Practitioners will hear how to avoid the pitfalls of absolute liability and the methods to transfer risk amongst defendants. The program will also discuss the impact of the scaffold law in New York.

Learning Objectives:

  1. Examine the New York scaffold law and its potential impact on construction litigation
  2. Develop best practices for defending construction accidents
  3. Identify methods to avoid absolute liability, and how to transfer risk

Credit Information

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Ellen H. Greiper

Lewis Brisbois

Ellen Greiper has more than three decades of experience defending multi-party construction and construction defect cases in the state and federal courts of New York. An appointed arbitrator for the district courts in Nassau County, New York, Ellen — who also has extensive experience litigating high-exposure premises liability, Labor Law, and personal injury matters that arise from construction site accidents — is also a mediator for trial-ready cases in the Supreme Court of Nassau County. Ellen’s streamlined discovery techniques and proactive approach to complex litigation translates into effective and expedited solutions for clients.

A prolific author and frequent speaker on emerging issues in the construction industry, Ellen is also a member of a number of professional industry organizations. Those memberships include the Construction Specifications Institute, DRI’s Construction Defect Committee, and Professional Women in Construction, where she serves on the Board of Directors of its New York Chapter, the organization’s founding and largest arm. In 2013, Ellen co-authored a comprehensive survey examining a cross-section of construction cases from around the country for Mealey’s Litigation Reports: Construction Defects. She is also the editor of the firm’s Labor Law Update, which examines the latest developments regarding New York’s Labor Law and construction site accidents. 

In 2016, Ellen was named an Achiever by the Long Island Center for Business and Professional Women, an annual honor bestowed by the organization on a select group of women who demonstrate extraordinary professional accomplishments and leadership. 

Diana Gerstberger

Arch Insurance Group Inc.

Ms. Gerstberger has an extensive background managing and handling  a variety of complex litigated claims including New York Labor Law, Products Liability, Premise Liability and Construction Defect matters. Ms. Gerstberger is currently Vice President of Casualty Claims where she manages the Construction Defect and NY Labor Law claims teams. Previously, Diana was a Primary Claims Manager at AXIS Insurance where she managed a team of four adjusters as well as handled a claims pending consisting of primarily of New York Labor Law and Products Liability losses.  Additionally, Diana has served in various mentoring and  leadership roles while at Zurich, Catlin, XL Catlin and AXIS.  Ms. Gerstberger has over 20 years’ experience in the insurance industry as a claims professional and insurance defense counsel. Over the course of her career, she has been a frequent industry speaker at DRI, ExecuSummit, CLM, and US LAW Conferences as well as a presenter for Lawline Webinars. Diana currently past immediate Chair of the DRI Construction Law Section.


Carol B.

Great course!!!

Michael D.


Stephen H.

One of the best courses I have taken.

Richard N.

Excellent presentation and great use of time!

Grace H.

Terrific presentation.

Kathleen J.

Very informative. Knowledgeable presenters.

Richard M.

excellent for my field pf practice with the Labor Law; and good insights having a carrier rep participate as well; this is definitely one of your better courses; especially insightful for a plaintiff atty. like me to see

Douglas T.

excellent content,m excellent presentation. maybe the best course I ever had on Lawline

Sabrina G.


Angel L.

They were both great! My fav CLE to date as due to their knowledge and presentation.

Elise G.

Excellent presentation

rosemarie p.


William M.

Please get together for other Construction CLEs. Highly informative, well organized, very insightful.

athanasia a.


sharmela b.

Very engaging presenters. They kept your attention throughout.

Adam L.

Great introduction!

Marcia R.

The faculty was outstanding.


Excellent substance and presenters.

Joelle J.

Excellent and informative one of the best CLE's I have taken. Highly recommend to attorneys handling construction and Labor Law cases.


very nicely presented.

Michael G.

The instructors were knowledgeable and experienced.

robin m.

Excellent presentation

ajay b.

Excellent, both of them.

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