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Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain...more

6/13/2014 - CERCLA Contaminated Properties CTS v Waldburger Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose Water

Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause

Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state...more

3/17/2014 - Arbitration Mandatory Arbitration Clauses

New York's Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using "Phobia" Claims as a Backdoor to...

In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-21 decision with sharp and barbed contrasts between majority and dissent, ruled...more

12/24/2013 - Healthcare Medical Monitoring

Does Mutual Pharmaceutical Co., Inc. v. Bartlett Herald the Demise of the "Failure-To-Withdraw" Theory?

In most states that use a “risk utility” test to determine whether a product is “not reasonably safe” (i.e. defective) as designed, an alternative design for the product is generally considered to be a critical element of the...more

7/31/2013 - Design Defects Failure To Warn Mensing Mutual Pharmaceuticals v Bartlett

Does New York Law Contain a Heeding Presumption? It Depends Who You Ask

Few theories of liability are as elusive and difficult to defend against as “failure to warn.” Given the hindsight borne of any accident, it is tempting to suggest, and for a jury to want to believe, that a few simple words...more

12/28/2012 - Burden of Proof Failure To Warn Rebuttable Presumptions Removal

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