Effective July 1, 2024, the United States District Court for the Southern and Eastern Districts of New York will impose a series of changes to their joint local rules. These changes mark the culmination “of a multi-year...more
A nationwide class action lawsuit accusing a bottled water company of misleading customers by selling water allegedly containing microplastics has been dismissed on preemption grounds.
The court’s decision looms large in...more
On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more
4/23/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Requirements ,
Rulemaking Process ,
Toxic Chemicals ,
Water Quality
On April 10, 2024, EPA issued the first-ever national, legally enforceable drinking water standard for five individual per-and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFNA, PFHxS, HFPO-DA (so-called, “GenX chemicals.”)...more
New York’s intermediate appellate court, the Appellate Division, First Department, recently unanimously affirmed a Bronx County trial court decision that, when opposing parties’ experts offer conflicting affidavits, summary...more
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more
11/15/2023
/ Breach of Warranty ,
Cause of Action Accrual ,
Class Action ,
Consumer Fraud ,
Contamination ,
False Advertising ,
PFAS ,
Primary Jurisdiction Doctrine ,
Standing ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Calling the requirement that litigants and court practitioners notarize documents burdensome, New York will now allow all involved in civil actions to submit an affirmation under penalty of perjury in lieu of an affidavit....more
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed Class Action Complaint against defendant L’Oreal U.S.A., Inc. (“L’Oreal”) alleging its mascara products contained per-...more
TCSA-Based Requirement Covers Manufactured and Imported Items -
The U.S. Environmental Protection Agency recently released a final rule under the Toxic Substances Control Act (TSCA) requiring reporting of historic...more
While the intention is never to create a product that will be recalled, it is a fairly common occurrence. And while the scope of a recall may vary greatly depending on the product and individual facts at issue, the days...more
Four months after the U.S. Environmental Protection Agency (EPA) proposed federal drinking water limits on “forever chemicals,” Harris Beach continues to monitor for a final resolution to the proposed regulations.
A...more
Holding that New Hampshire does not recognize medical monitoring claims for the mere exposure to a toxic substance, New Hampshire’s Supreme Court ruled in favor of a plastics manufacturing plant alleged to have released...more
Per- and polyfluoroalkyl substances, commonly known as PFAS, are a family of man-made chemicals manufactured since the 1940s for their stain, water and oil-resisting properties. These so-called “forever chemicals” have been...more
On March 24, 2023, New York Governor Kathy Hochul signed a bill prohibiting the sale of apparel containing “intentionally added” per- and polyfluoroalkyl substances (PFAS) in clothing apparel starting on January 1, 2025....more
The Environmental Protection Agency has released its long-awaited proposed rule addressing levels of PFAS in drinking water across the United States.
Regulation of PFAS raises many complicated and difficult issues, as...more
For the first time since the passage of the Food, Drug and Cosmetic Act in 1938, the Federal cosmetics law has been substantially updated with the passage of the Modernization of Cosmetics Regulation Act of 2022 (“MOCRA”)....more
In response to the Environmental Protection Agency’s (EPA) proposed designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), including their salts and structural isomers, as Hazardous Substances...more
The Environmental Protection Agency (EPA) recently signaled a path forward on its roadmap to address PFAS contamination, something industry, water suppliers, and wastewater treatment operators, to name a few, have been...more
On December 5, 2022, the Environmental Protection Agency (EPA) proposed adding per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the...more
On October 7, 2022, New York’s Appellate Division, Fourth Department issued its critical decision in Antonella Ruth v. Elderwood at Amherst, et al., CA 22-00069 regarding whether the repeal of the Emergency or Disaster...more
New York’s Litigation Coordinating Panel (the “Panel”) granted plaintiffs’ request to establish a coordinated proceeding for COVID-19 cases against nursing homes, skilled nursing facilities, and similar healthcare facilities....more
From mascara to microwave popcorn, and from water to wrappers, the glut of litigation related to the presence of PFAS (per- and polyfluoroalkyl substances) has forced companies and attorneys to pay attention to prospective...more
The Committee on Rules of Practice and Procedure unanimously approved several amendments on June 7, 2022, to clarify Federal Rule of Evidence 702—the federal standard for admissibility of expert testimony. See Daubert v....more
On February 23, 2022, national plaintiffs’ personal injury firm, Napoli Shkolnik PLLC (“Napoli”) filed a Motion for Coordination (“Application”) pursuant to 22 NYCRR § 202.69 requesting that the State of New York Litigation...more
The U.S. District Court for the Southern District of New York has dismissed a complaint alleging the defendants contaminated plaintiff’s water systems with per- and polyfluoroalkyl substances (“PFAS”). In a highly detailed...more