William A. Ruskin: Toxic Tort Plaintiff's Feet Held To Fire On Causation Evidence In New York

By William A. Ruskin New York's appellate courts continue to hold toxic tort plaintiffs and their experts to rigorous standards when it comes to proof of causation. To escape an adverse summary judgment ruling, it is not enough for a plaintiff to merely allege, with the support of an expert, that...

William A. Ruskin: Frye Decision In BMW Case Results In Exclusion Of Plaintiff's Experts

By William A. Ruskin In a thoughtful decision handed down in Reeps v. BMW of North America, LLC , 2012 N.Y. Slip Op.33030(u) [ enhanced version available to lexis.com subscribers ], on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the expert testimony of plaintiff's...

William A. Ruskin: Environmental Diminution Of Property Value And The Creative Plaintiff Valuation Expert

By William A. Ruskin When a homeowner brings a multi-count toxic tort case alleging that a corporate defendant’s discharge of toxic substances from its facility contaminated his property, the diminution of property value claim is often the only element of damages subject to objective determination...