Litigation

Recent Posts

William A. Ruskin: 2nd Circuit Grapples With Medical Monitoring
Posted on 22 May 2013 by William A. Ruskin

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

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

William A. Ruskin: Did the Supreme Court's 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?
Posted on 10 Dec 2012 by William A. Ruskin

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

Illinois Jury Finds For Takeda In Actos Bladder Cancer Trial
Posted on 16 May 2014 by Tom Moylan

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

William A. Ruskin: Was Buyer Of Real Estate 'Ready, Willing & Able' To Perform?
Posted on 24 Apr 2012 by William A. Ruskin

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

William A. Ruskin: Mary Carter And Other Agreements Should Be Disclosed To Juries
Posted on 15 Apr 2013 by William A. Ruskin

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

William A. Ruskin: CPSC Regulatory Issues Often Impact Product Liability
Posted on 6 Jan 2014 by William A. Ruskin

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

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

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?
Posted on 5 Feb 2013 by William A. Ruskin

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