By William A. Ruskin On May 1, 2013, the Second Circuit issued an important decision in Caronia v. Philip Morris USA Inc. , 2d Cir., No. 11-0316 (5/1/13) [ enhanced version available to lexis.com subscribers ]. The Court provides an excellent summary... Read More
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
By William A. Ruskin We discussed in an earlier article how the Reference Manual for Scientific Evidence , published by the Federal Judicial Center, has become an indispensable tool for judges in managing cases involving complex scientific and technical... Read More
By William A. Ruskin The U.S. Supreme Court's decision in Burlington Northern Santa Fe Railway Co. v. United States , 129 S. Ct. 1870 (2009) [ enhanced version available to lexis.com subscribers ], examined two unsettled areas of CERCLA: (1) the... Read More
CHICAGO — (Mealey’s) An Illinois state court jury on May 15 returned a defense verdict in an Actos bladder cancer death case after four weeks of testimony ( In Re: Actos Litigation , No. 11 L 010011, Diane Whitlatch, et al. v. Takeda Pharmaceuticals... Read More
By William A. Ruskin Until now, there has been a split of appellate authority in New York concerning what a prospective purchaser must show in seeking damages for a seller's repudiation of a contract for the sale of real property. It is the general... Read More
By William A. Ruskin As a general proposition, a defendant at trial suffers unfair prejudice when the court does not permit the jury to learn of certain facts that, if disclosed, would reveal a witness's bias or self-interest. If a witness with... Read More
By W illiam A. Ruskin Regulatory enforcement by the Consumer Products Safety Commission (“CPSC”) is on the upswing. As product liability litigation and regulatory activities often become entwined, it is all the more important to appreciate... Read More
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
By William A. Ruskin In an earlier article , we discussed the significance of Magistrate Judge Andrew J. Peck's (SDNY) opinion in Da Silva Moore v. Publicis Groupe [ enhanced version available to lexis.com subscribers ], a highly publicized decision... Read More