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Extensive Rule Changes to Joint Local Civil Rules in S.D.N.Y. and E.D.N.Y

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

California Microplastics Mislabeling Case Dismissed on Preemption Grounds

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

EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

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

EPA Finalizes Long-Awaited National PFAS Drinking Water Standard

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

NY Appellate Court: Conflicting Expert Opinions Preclude Summary Judgment

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

S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

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

New York to Allow Affirmations in Place of Affidavits in Civil Actions

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

11/2/2023  /  Affirmative Action , New York

PFAS Class Action Dismissed for Failure to Plead Mascaras Contained PFAS

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

EPA Releases PFAS Reporting Rule

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

Do You Recall? A Blueprint for Managing Product Recalls

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

Harris Beach Monitoring PFAS Regulations for Drinking Water

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

Court Rules Company Not Responsible for Medical Monitoring Costs in PFAS Case

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

New York’s PFAS Food Packaging Law and Four Risk Mitigation Steps for Businesses

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

New York Bans PFAS in Apparel

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

EPA Releases Crucial PFAS Drinking Water Rule; Implications for Water Treatment Facilities

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

Modernization of Cosmetics Regulation Act of 2022 Signals New Era of FDA Oversight

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

Airlines Trade Association Requests EPA Withdrawal of Proposal to Designate PFOA/PFOS as CERCLA Hazardous Substances

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

EPA’s Latest PFAS Guidance Signals Source-based Permitting and Monitoring Strategy

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

EPA Proposes Rule to Enhance PFAS Reporting Data

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

Fourth Department Rejects Argument Covid-19 Immunity Repeal Should Be Retroactive

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

All COVID-19 Nursing Home Cases Pending in New York State Courts to be Transferred to Coordinated Proceeding

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

As PFAS Litigation Swells, More Companies Must Consider Strategies for Class Defense; U.S. EPA Issues Health Advisory for PFAS

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

Unanimous Approval Received for Amendments to Federal Rule of Evidence 702: Testimony of Expert Witnesses

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

Plaintiffs’ Firm Requests Transfer of All Pending COVID-19 Litigation in New York State to Kings County

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

Court Dismisses Water Contamination Complaint for Failure to State a Cause of Action Against Chemical PFAS Manufacturers

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

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