Litigation

Recent Posts

William A. Ruskin: How Environmental Lawyers Can Avoid Getting Sued For Legal Malpractice
Posted on 9 Jan 2014 by William A. Ruskin

By Wi lliam A. Ruskin No matter how conscientious, environmental lawyers, like other attorneys, are regularly sued for legal malpractice. It is not difficult to imagine some of the dicey situations where the environmental practitioner may fall prey... Read More

Tags: scope of work , cost recovery litigation , environmental legal malpractice , legal malpractice , bond offering , retention letter , Why Do Environmental Lawyers Get Sued for Malpractice? , Miller Shakman & Beem LLP , environmental lawyer sued , Phase I Environmental Site Assessment , Litigation Issues and Factors , environmental law , engagement letter , William A. Ruskin , Litigation , UST , "as is" clause , ISRA , environmental consultants , landfill developer

William A. Ruskin: Securitizing Litigation Claims for Fun and Profit
Posted on 15 Aug 2013 by William A. Ruskin

By William A. Ruskin Call me old fashioned, but I am uncomfortable with the growing industry involving third-party financing of commercial claims in litigation. In the not-too-distant future, it may well be that commercial litigations will be “bundled”... Read More

Tags: Burford Capital , Ecuador , Securitizing Litigation Claims , Robinson & Cole , champerty , Parabellum Capital , Lago Agrio , Litigation Issues and Factors , Practical Law The Journal , William A. Ruskin , duty of loyalty , Litigation , Third-party Litigation Financing , Chevron , ethics

William A. Ruskin: How You Draft A Liability Disclaimer Really Matters
Posted on 7 Jan 2014 by William A. Ruskin

By William A. Ruskin Contract negotiations involving limitations on liability and disclaimers of damages for breach of contract and tort claims can have significant ramifications for the contracting parties if the business relationship falls apart... Read More

Tags: Diebold , New York , ADT Security Services , Think Twice About that Liability Disclaimer Carveout , Adam Chernichaw , product liability , Liability Disclaimer , Litigation Issues and Factors , William A. Ruskin , Litigation , Abacus Federal Savings Bank v. ADT Security Services , exculpatory clause

William A. Ruskin: When Should Data Underlying Scientific Studies Be Discoverable?
Posted on 19 Aug 2013 by William A. Ruskin

By William A. Ruskin There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable time that might be otherwise... Read More

Tags: Weitz & Luxenberg v. Georgia-Pacific LLC , In Re Welding Fume Products Liability Litigation , The Impact of Litigation on Neurologic Research , subpoenas , scientific research , Litigation Issues and Factors , William A. Ruskin , asbestos , chrysotile asbestos , NYCAL , Litigation

William A. Ruskin: Plaintiffs' Bar Embraces Reptile Strategy And Defense Bar Responds
Posted on 21 Oct 2013 by William A. Ruskin

By William A. Ruskin | Reptile strategy has taken the plaintiffs' bar by storm. The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors' brains, the part of the brain they share with... Read More

Tags: reptile strategy , plaintiffs’ bar , Reptile: The 2009 Manual of the Plaintiff , david ball , don keenan , Trial , Litigation Issues and Factors , defense bar , plaintiff bar , William A. Ruskin , Litigation , Beyond the Reptilian Brain

NFL Concussion Class Action Settled
Posted on 26 Apr 2016 by Gabriela Nolen

On April 22, 2015, Federal District Judge Anita B. Brody approved a class action settlement that resolves lawsuits brought against the National Football League (NFL) by former players who alleged that the NFL failed to inform them of and protect them... Read More

Tags: National Football League , settlements , Litigation Issues and Factors , concussions , Settlement , football