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
Greater New York Mutual Insurance Company (“GNY”) recently filed a sweeping 207 page civil RICO complaint in the Eastern District of New York alleging a multi-layered insurance fraud enterprise involving personal injury law...more
3/5/2026
/ Bodily Injury ,
Duty to Defend ,
Evidence ,
Healthcare Fraud ,
Insurance Fraud ,
Insurance Litigation ,
Litigation Strategies ,
Popular ,
RICO ,
Social Media ,
Trip and Fall
In 2025, New York state and federal courts issued a series of consequential decisions shaping the litigation landscape for pharmaceutical, medical device, and other Food and Drug Administration (FDA)-regulated industries....more
2/4/2026
We know ultra-processed foods are a staple of diets throughout the nation — because they are accessible, affordable and convenient due to their long shelf lives and ready-to-eat nature. But they’re also a target, receiving a...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
Ultra-processed foods are a staple of diets throughout the nation. For many, these foods are more accessible, affordable and convenient due to their long shelf lives and ready-to-eat nature....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
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
A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more
Senior living communities operate in a highly regulated and financially demanding environment, requiring operators to maintain fiscal stability while delivering exceptional care. As the senior population grows, providers face...more
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