Manufacturers have jumped to the aid of their communities, re-tooling existing manufacturing facilities to produce desperately needed supplies such as hand sanitizer, face masks and ventilators. These acts of corporate...more
The COVID-19 crisis has hit small businesses particularly hard, with emergency measures including the shutdown of on-site operations, loss of income and mounting expenses. In addition to the efforts of the U.S. Small Business...more
The COVID-19 crisis has hit small businesses particularly hard, with emergency measures including the shutdown of on-site operations, loss of income and mounting expenses. ...more
The New York Child Victims Act (“the CVA”) established a one-time, one-year window in which previously time-barred claims of child sexual abuse could be “revived” and sued in New York State courts. The one-year window opened...more
The Child Victims Act of 2019 (the CVA) enacted an extraordinary set of reforms that, among other things, “revived” long expired claims of childhood sexual abuse. As a result, the CVA will impact any institution or...more
As we reported, on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety Reform for the 21st Century Act (the Act) into law, enacting the Toxic Substances Control Act’s (TSCA) first reform in its four...more
On Thursday, July 21, 2016, New York State Governor Andrew Cuomo signed legislation modifying the statute of limitations for personal injury claims arising from exposure to hazardous substances.1 Commonly known as the...more
In In Re: New York City Asbestos Litigation, decided June 28,2016, the Court of Appeals tackled the question of whether a manufacturer must warn against a danger inherent in using its product together with a product designed...more
On Wednesday, June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Pub. L. No. 114-182”) into law, asserting “[i]f we can get this bill done, it means that somewhere out...more
Toxic tort cases may involve claims of injuries arising months or years after the date of alleged exposure. A recent Appellate Division Third Department decision addressed the application of the toxic tort statute of...more
Under Navigation Law § 181, a party injured by the intentional or inadvertent discharge of petroleum products may bring a claim for damages against the party responsible for the discharge. But what if the injured party also...more
The New York Court of Appeals recently addressed the question of "residence" under New York City’s lead abatement law, better known as "Local Law 1."(1) Local Law 1 – first enacted in 1982 – imposes a duty on landlords to...more
Enacted in 1976, the Toxic Substances Control Act (TSCA or the Act), 15 U.S.C. § 2601, et. seq., purports to regulate chemical substances that present an unreasonable risk to people and the environment. In the decades since...more
Tangible reform is finally on the horizon for the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq. following a recent vote by the House of Representatives overwhelmingly in favor of a new reform bill. Enacted in...more
Efforts to reform the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq., have been underway for several years, but to date, none have succeeded in modifying how this often criticized law regulates chemicals in...more
Causation is often the biggest hurdle a plaintiff must clear in proving a toxic tort case. For that reason, it would be expedient if a plaintiff could get to trial on the issue of causation merely by showing that...more
In many toxic tort cases, the date of exposure to the alleged toxin occurred years before the emergence of any symptoms of injury. For that reason, relatively simple rules for disclosure of medical proof may become more...more
Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...more
On the heels of the Court of Appeals’ landmark decision rejecting an independent cause of action for medical monitoring in Caronia v. Phillip Morris USA, on February 20, 2014, the Third Department decided Ivory v. IBM. Ivory...more