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 United States Supreme Court reversed the Pennsylvania Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co., finding Pennsylvania’s consent to jurisdiction by corporate registration unconstitutional in a 5-4...more
7/11/2023
/ Commerce Clause ,
Constitutional Challenges ,
Due Process ,
Foreign Corporations ,
Fourteenth Amendment ,
General Jurisdiction ,
General-Business ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Principal Place of Business ,
Registration Requirement ,
SCOTUS
In Weisbrod-Moore v. Cayuga County, on May 5, 2023, the Appellate Division, Fourth Department, reversed the trial court’s denial of the county’s pre-answer motion to dismiss an action brought pursuant to the Child Victims...more
New York’s Appellate Division, Second Department faced a novel question regarding interpreter bias at depositions. Zhiwen Yang v Harmon, (2023 NY Slip Op 00893 [2d Dept 2023]) stemmed from a Queens County Supreme Court...more
Given the high “abuse of discretion” standard of review, any time a discovery ruling is altered or reversed by New York’s Appellate Division, the legal community must take note. Such a decision has the potential to affect...more
In December 2022, the New York State Division of Criminal Justice Services issued its Extreme Risk Protection Order Model Policy, providing guidance to county, town, city and village law enforcement agencies on New York’s...more
Harris Beach attorneys Abbie Eliasberg Fuchs, Bradley M. Wanner and Daniel R. Strecker review and analyze key judicial holdings and legal developments in New York, the federal arena and across the country that have affected...more
1/16/2023
/ Causation ,
Certiorari ,
Coronavirus/COVID-19 ,
Daubert Standards ,
Discovery ,
Evidence ,
Expert Testimony ,
Foreign Corporations ,
Mass Tort Litigation ,
Nursing Homes ,
PA Supreme Court ,
Personal Jurisdiction ,
Popular ,
SCOTUS
On August 18, 2022, Governor Kathy Hochul signed into law a bill amending Section 2801-d of New York’s Public Health Law to expressly provide the legal representative or estate of a nursing home resident the right to bring a...more
It has long been the rule in New York State that in order to hold a municipality responsible for injuries that arise from its performance of a governmental function, a plaintiff had to establish the municipality owed to him...more
Under New York’s Business Corporation Law, a foreign corporation pursuing authorization to conduct business in New York is required to register with New York’s Secretary of State and designate an agent for service of process...more
By addressing the scope of damages sought in a wrongful death lawsuit for one’s child, a recent decision has reaffirmed the bar of recovery of non-pecuniary damages. In separating pecuniary damages from psychological damages,...more
The onset of spring weather can mean only one thing: We are heading into prime season for road construction. If you haven’t seen the cones and Jersey barriers yet, you will soon. The new construction season brings with it...more
5/22/2019
/ Appeals ,
Bridges ,
Car Accident ,
Design Defects ,
Engineering ,
Governmental Immunity ,
Immunity ,
Infrastructure ,
Municipalities ,
Public Projects ,
Qualified Immunity ,
Roads ,
Summary Judgment