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
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
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