Litigation

Recent Posts

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

Tags: Clark v. E.I. DuPont de Nemours , spoliation of evidence , New York Law Journal , spoliation , William A. Ruskin , Litigation , Mangione v. Jacobs

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

W.Va. Jury Finds Spoliation Of Evidence, Awards $155,000 Against Actos Manufacturer Takeda
Posted on 18 Nov 2014 by Tom Moylan

MARTINSBURG, W.Va. — (Mealey’s) A West Virginia state court jury on Nov. 17 found that Actos is not unsafe and that manufacturer Takeda Pharmaceutical Co. Ltd. was not negligent in the case of a man who developed bladder cancer while taking... Read More

Tags: diabetes drug , punitive damages , West Virginia , spoliation of evidence , Actos , product liability , compensatory damages , bladder cancer , Richard F. Myers v. Takeda Pharmaceuticals America Inc. , Litigation , Takeda Pharmaceutical Co. Ltd. , verdict , torts

Remedies For Spoliation Of Evidence
Posted on 6 Apr 2012 by William A. Ruskin

New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to lexis.com subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence... Read More

Tags: spoliation of evidence , New York Law Journal , Zubulake , Epstein Becker &amp , E-Discovery , ortega v. city of new york , green , spoliation , William A. Ruskin , Litigation , amp , robert s. kelner , New York courts

Video: E-Discovery of Electronically Stored Information and Litigation Holds in Insurance Bad Faith Lawsuits with Kevan Hirsh
Posted on 18 Oct 2010 by HB Litigation Conferences

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex... Read More

Tags: insurance bad faith claims , spoliation of evidence , Kevan Hirsh , Kaplin Stewart , E-Discovery , Electronically Stored Information , paperless , litigation hold