Litigation

Recent Posts

William A. Ruskin: Lone Pine's Impact On Pharma Products Litigation
Posted on 31 Jan 2013 by William A. Ruskin

By William A. Ruskin We have written previously about the increasing acceptance by courts to entertain the use of Lone Pine orders as a case management tool. For example, in the Happyland Social Club Fire Litigation, which involved 87 wrongful death... Read More

William A. Ruskin: Applying The Brakes To ‘Take-Home’ Asbestos Claims
Posted on 8 Oct 2013 by William A. Ruskin

By William A. Ruskin The typical “take-home” plaintiff is a bystander such as the child who claims she was exposed to asbestos while playing in the basement where her father’s work clothes covered with asbestos dust were laundered... Read More

William A. Ruskin: Does Wireless Internet In Courthouse Exacerbate Lawyer Abuse?
Posted on 23 Jun 2012 by William A. Ruskin

By William A. Ruskin Yesterday, we published an article titled 'Lawyers' Use Of Internet To Influence Jurors' raising the concern that the fairness of jury trials may be jeopardized if jurors can surf the Internet and read misleading or... Read More

William A. Ruskin: Lawyers' Use Of Internet To Influence Jurors
Posted on 20 Jun 2012 by William A. Ruskin

By William A. Ruskin In an earlier article, we discussed the danger posed to an impartial jury system by the " Googling Juror ." In his article titled " Lawyers' Use of Internet to Influence Jurors " (New York Law Journal, 6... Read More

William A. Ruskin: Plaintiff Spoliates Self And Her Case Is Dismissed
Posted on 17 Aug 2012 by William A. Ruskin

By William A. Ruskin On August 7, 2012, the New York Law Journal reported that the lawsuit of a woman, who disobeyed three court orders directing her to undergo a physical examination by a defense medical expert in a personal injury lawsuit before... Read More

William A. Ruskin: Insurance Can Facilitate Environmental Transactions
Posted on 2 Nov 2012 by William A. Ruskin

By William A. Ruskin “Representations and Warranties” insurance has become a strategic option that can help clients mitigate risk and successfully buy and sell businesses. Over the past fifteen years, Reps and Warranties coverage has evolved... Read More

William A. Ruskin: No Unanimity As To What New ASTM E1527-13 Standard Requires
Posted on 27 Nov 2013 by William A. Ruskin

By William A. Ruskin Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that... Read More

William A. Ruskin: Congressional Clarification Of Removal Rules: A Primer
Posted on 14 Oct 2013 by William A. Ruskin

By William A. Ruskin Federal court practitioners are well-advised to be aware of the key provisions of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (the “JVCA”), which went into effect on January 6, 2012. The JVCA... Read More

William A. Ruskin: Comcast Corp. v. Behrend's Impact In Toxic Tort Litigation
Posted on 21 Apr 2014 by William A. Ruskin

By William A. Ruskin I have written about how the U.S. Supreme Court's decision in Comcast v. Behrend has had the practical result of raising the bar for class certification and leveling the playing field for corporate defendants [ enhanced opinion... Read More

William A. Ruskin: The New York City Asbestos Litigation Just Became More Complicated
Posted on 18 Apr 2014 by William A. Ruskin

By William A. Ruskin | Pursuant to the Decision and Order of the Hon. Sherry Klein Heitler, dated April 8, 2014, asbestos plaintiffs for the first time since 1996 may seek permission from the New York City trial judges to charge the jury on the issue... Read More

William A. Ruskin: Emotional Distress Claim Disallowed In Business Dispute
Posted on 4 Sep 2012 by William A. Ruskin

By William A. Ruskin In the absence of clear judicial guidelines, claims for intentional infliction of emotional distress would potentially become part and parcel of every civil litigation. There is little question that a business dispute can cause... Read More

William A. Ruskin: MDL Asbestos Judge Holds Navy Ship Not A 'Product' Under Strict Liability Law
Posted on 6 Nov 2012 by William A. Ruskin

David M. Governo Corey M. Dennis Guest bloggers David M. Governo and Corey M. Dennis are attorneys at Governo Law Firm in Boston, where they focus on the defense of toxic tort, product liability, environmental, and insurance coverage claims. Mr... Read More

William A. Ruskin: Student Bitten By Tick: Hotchkiss School On Hook For $41.75 Million
Posted on 17 Apr 2013 by William A. Ruskin

By William A. Ruskin On March 27, 2013, a jury in federal district court in Bridgeport, Connecticut awarded Cara Munn, a 20-year-old woman who formerly attended the Hotchkiss School in Lakeville, Connecticut, $41,750,000 in a case styled Orson D. Munn... Read More

William A. Ruskin: Strong Contractual Terms Can Deflect Tort Liability
Posted on 30 Nov 2012 by William A. Ruskin

By William A. Ruskin Well drafted contracts provide an effective means to mitigate tort liability. In particular, contractual risk allocation provisions can assist companies in better controlling their litigation disposing of claims when they arise... Read More