Litigation

Recent Posts

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider
Posted on 23 Apr 2012 by William A. Ruskin

By William A. Ruskin In 2008, the parents of Sean Reeps, brought suit against BMW , Martin Motor Sales and Hassel Motors ("Hassel"), alleging that Sean's mother, Debra, was exposed to gasoline fumes in the family's BMW during her... Read More

Tags: Appellate Division , Legal Theories , Sean Repps v. BMW of North America , strict liability , spoliation of evidence , breach of warranty , Automotive , product liability , defective design , First Department , spoliation , William A. Ruskin , causation , Litigation , burden of proof , Inc

William A. Ruskin: Toxic Tort Plaintiff's Feet Held To Fire On Causation Evidence In New York
Posted on 1 Nov 2012 by William A. Ruskin

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... Read More

Tags: Appellate Division , Cleghorne v. City of New York , proof of causation , Parker v. Mobil Oil Corp , Specific Causation , New York City Board of Education , expert witness , Frye , First Department , Litigation , Daubert , Frye rule

New York's First Department Adopts Even More Of Zubulake
Posted on 15 Mar 2012 by William A. Ruskin

By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ]... Read More

Tags: Zubulake , E-Discovery , Epstein Becker &amp , green , First Department , William A. Ruskin , ESI , Litigation , amp , U.S. Bank N.A. v. GreenPoint Mortgage Funding , electronic discovery , Cost Allocation , Inc , Voom H.D. Holdings v. EchoStar