Governor Kathy Hochul recently signed an amendment to the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act that simplifies the Act by requiring defendants to commence any third-party action within 90 days of...more
Recent decisions demonstrate judicial skepticism toward claims premised on the alleged presence of microplastics in consumer products. As plaintiffs’ counsel attempt to expand traditional product liability and consumer...more
3/3/2026
/ Defense Strategies ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Liability ,
Manufacturers ,
Mass Tort Litigation ,
Motion to Dismiss ,
Plastics ,
Preemption ,
Product Labels ,
Public Health ,
Public Nuisance ,
Unfair or Deceptive Trade Practices
Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the industry...more
In a recent decision, HSBC Bank USA, N.A. v. Hillaire, No. 2024-02731 (Jan. 28, 2026), New York’s Appellate Division, Second Department, addressed the date an action “terminates” for purposes of the six-month grace period on...more
New York Governor Kathy Hochul recently signed the Consumer Litigation Funding Act (the Act) into law, significantly expanding state regulation of consumer litigation funding. The Act requires plain language contracts that...more
Industrial talc defendants have been navigating asbestos-related lawsuits for decades, yet recent cases show the scope of these claims continues to widen and the corresponding need for sophisticated defense strategies is...more
The U.S. Food and Drug Administration recently released a report on its evaluation of PFAS in cosmetic products, concluding insufficient data to make a determination on safety....more
1/13/2026
/ Cosmetics ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
New Legislation ,
PFAS ,
Popular ,
Public Health ,
Regulatory Oversight ,
Toxic Chemicals
The recent decision of New York’s Appellate Division, First Department, in Lotrean v. 3M Co. marks a notable victory for toxic tort defendants. The Lotrean decision emphasizes the exacting causation standard outlined by the...more
Gov. Kathy Hochul recently signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act, amending CPLR § 1007 relating to third-party practice by establishing new, significantly shortened time limits for...more
In Lituma v. Liberty Coca-Cola Beverages LLC, New York’s Appellate Division, First Department affirmed the trial court’s decision to vacate note of issue and order further discovery into plaintiffs’ third-party litigation...more
The New York State Department of Environmental Conservation (“DEC”), through its Division of Environmental Remediation (“DER”), recently released its final Rural Soil Background Study for Per- and Polyfluoroalkyl Substances...more
On Dec. 1, 2025, the New York State Department of Environmental Conservation (DEC) finalized regulations establishing a Mandatory Greenhouse Gas (GHG) Reporting Program under 6 NYCRR Part 253. This rule implements a key...more
The Supreme Court of Pennsylvania’s recent decision in Tranter v. Z&D Tour Inc. is likely to ease the burden on defendants seeking dismissal based on forum non conveniens. The Tranter decision is a significant win for...more
The public comment period recently closed on the Environmental Protection Agency (EPA) January 2025 draft assessment evaluating potential human health and environmental risks associated with the disposal and land application...more
The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also...more
The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more
3/28/2025
/ Appeals ,
Contamination ,
Department of Defense (DOD) ,
Environmental Litigation ,
Federal Contractors ,
Government Contractor Defense ,
Jurisdiction ,
Litigation Strategies ,
Manufacturers ,
PFAS ,
Popular ,
State and Local Government ,
Water Pollution
Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker, and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the...more
For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more
12/20/2024
/ Appeals ,
Breach of Duty ,
Construction Industry ,
Construction Site ,
Contract Terms ,
General Contractors ,
Labor Law Violations ,
New York ,
Remedial Actions ,
Risk Management ,
State Labor Laws
This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more
9/13/2024
/ Bodily Injury ,
Causation ,
Class Action ,
Consumer Protection Laws ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Misrepresentation ,
Multidistrict Litigation ,
Over The Counter Drugs (OTC) ,
Prescription Drugs ,
Suppliers ,
Toxic Chemicals
The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid...more
Litigation is expensive. Litigants may turn to third-party funding for support. Such litigation financing can raise ethical concerns and has been criticized for exploiting litigants (personal injury plaintiffs in particular)...more
The U.S. Environmental Protection Agency (EPA) recently announced a final rule prohibiting the ongoing use of chrysotile asbestos. The rule, which is the first to be finalized under the 2016 amendments to the Toxic Substances...more
The Environmental Protection Agency (EPA) recently released two proposed regulations that would classify nine per- and polyfluoroalkyl substances (PFAS) as “hazardous constituents” and expand oversight of waste facilities to...more
The U.S. Food and Drug Administration (FDA) announced certain food-packaging materials containing per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the U.S. PFAS are a large, diverse, and complex family of...more
Sixth Circuit Rejects Overly Ambitious PFAS Class Action -
Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) -
The United States Court of Appeals for the Sixth Circuit...more
1/24/2024
/ CA Supreme Court ,
Case Consolidation ,
Class Action ,
Expert Testimony ,
Federal Rules of Evidence ,
Gross Negligence ,
Mallory v Norfolk Southern Railway Co ,
Multidistrict Litigation ,
National Institute of Health (NIH) ,
Nursing Homes ,
Personal Jurisdiction ,
PFAS ,
Popular ,
Punitive Damages ,
SCOTUS ,
Take-Home Exposure ,
Unfair or Deceptive Trade Practices ,
Wrongful Death