Joshua M. Jemal

Partner

Joshua Jemal is a partner in the New York office of Lewis Brisbois, a vice-chair of the Construction Practice, and a member of the General Liability Practice. He has extensive trial and litigation experience in the State and Federal Courts of New York defending contractors, municipalities, public benefit corporations, property management companies, bus companies, retail businesses, private landowners and individuals. He has successfully tried cases involving construction site accidents, assumption of risk recreational/sporting activities, premises security, law enforcement excessive force/false arrest, federal civil rights sexual harassment/race discrimination/equal protection, municipal liability, auto accident, and general premises claims.

His practice areas include:

  • Construction 
  • General Liability
  • Products Liability
  • Transportation 
  • OSHA Safety & Health
  • Fires, Explosions, and Industrial Accidents 
  • Property Damage 
  • Negligent Security 
  • Railroad Liability
  • Excess and Primary Insurance Defense 

Professional Presentations

  • Amendments to Insurance Disclosure Act Requirements for N.Y. Litigation – Verizon – March 2022
  • Amendments to Insurance Disclosure Act Requirements for N.Y. Litigation – Hunter Roberts Construction Group – March 2022
  • An Overview of New York Labor Law – Accident Investigation In Construction & General Liability Litigation – Chubb North American Claims March 2022
  • An Overview of New York Labor Law – Accident Investigation In Construction & General Liability Litigation – Verizon – February 2022
  • Risk Transfer, A1 endorsements, & CD – Firmwide and Institutional Firm Clients – February 2021
  • Risk Transfer, A1 endorsements, & CD – Firmwide and Institutional Firm Clients – March 2020
  • Risk Transfer, A1 endorsements, & CD – Firmwide and Institutional Firm Clients – January 2019
  • An Overview of New York Labor Law – Walt Disney Companies – December 2019
  • Advances and Advantages of Wearable Technical Workplace – CLM Construction Conference – September 2018
  • Defending Construction Accidents Under New York Labor Law – Delta Airlines, October 2017
  • Defending Construction Accidents Under New York Labor Law Risks Prevention, Investigation and Defense – Judlau OHL Group, July 2016
  • Defending Construction Accidents Under the New York Labor Law: And Prosecution of Third-Party Common Law, Contractual Indemnity and Partial Indemnity Claims, Hartford Insurance, June 12, 2013

Publications

  • Excess Counsel Best Practices concerning the Engagement/Replacement of Primary Counsel for Trial
  • The Impact of the Affordable Care Act on Personal Injury Litigation
  • Defending Construction Accidents
  • Cross Examining the Life Care Planner and Undermining the Life Care Plan
  • Defending Construction Accidents Under the New York Labor Law
  • Defending Economic Damage Claims
  • Defending Against Life Care Planning Experts

Significant Litigation and Verdicts

  • Judith LaRose v. The City of New York, et. al. – Supreme Court, Kings County – (Dismissed on spoliation motion in limine before opening statements - May 2022)
  • Rafael Diaz v. HHC TS Reit LLC, et.al.  – Supreme Court, Bronx County – (Successful verdict obtained against Third-Party Defendant - December 2021)
  • Larisa Siverskaya v. IC Bus Company – Supreme Court, Kings County – (Favorable liability verdict of 30% comparative fault against Plaintiff Pedestrian - January 2020)
  • Peter Zepf v. Brooklyn Events Center LLC, et. al. – Supreme Court, Kings County – (Forced other parties to settle at opening statements on wrongful death NYLL claim, obtained complete passthrough result - July 2018)
  • Eugene Cross v. Noble Ellenburg Windpark, LLC, et. al. – Supreme Court, New York County – Favorable mediated settlement less than 1/3 of demand - June 2018)
  • Victor Gonnell v. Fairway Market – Supreme Court, Bronx County – (Favorable verdict paying less than 1/3 of pre-trial demand - November 2014)
  • Richard Sullivan v. G&L Building Corp., et. al. – Supreme Court, Suffolk County – (Successful liability verdict obtaining complete passthrough - January 2009)
  • Janine Smith v. Town of Hempstead – Eastern District of New York, Central Islip – (Defendants verdict on Federal civil rights and sexual harassment case - June 2008)
  • Joseph Heintz v. Jamie Shand et. al. – Supreme Court, Suffolk County – (Favorable Verdict exactly at the low on high/low agreement in TBI case for passenger ejected from vehicle - June 2005
  • Iris Runco v. Janet Timpone – Supreme Court, Richmond County – (Favorable settlement of less than 10% of pre-trial demand during jury deliberations - March 2004)
  • Susan Wilson v. James Peck – Supreme Court, Suffolk County – (Successful motion for a directed Verdict at the close of plaintiff’s case - February 2001)

Admissions

  • State Bar Admissions
    • New York
  • United States District Courts
    • United States District Court for the Eastern District of New York
    • United States District Court for the Southern District of New York
  • United States Courts of Appeals
    • United States Court of Appeals for the Second Circuit

Admissions

New York State

United States District Court, Eastern District of New York

United States District Court, Southern District of New York

United States Court of Appeals, Second Circuit

Associations

New York State Bar Association

Education

St. John's University School of Law

Juris Doctor, 1998

Dowling College

Bachelor of Business Administration, 1995

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