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By Rick Kalson A non-precedential opinion issued on November 22, 2013 by the Superior Court of Pennsylvania in Advanced Construction Services, Inc. v. Cumberland Dining Group, Inc. illustrates the importance of strictly complying with the Pennsylvania...

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...

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...

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...

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...

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...

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...

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...

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...

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 ]...

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...

By Louis M. Solomon In re Chiquita Brands Int'l, Inc. Alient Tort Statute and Shareholder Derivative Litigation , Case No. 08-01916 (S.D.Fla June 2011), [ an enhanced version of this opinion is available to lexis.com subscribers ] is multidistrict...

On April 4, 2011, the U.S. Supreme Court decided a consolidated case, Ariz. Christian Sch. Tuition Org. v. Winn , 2011 U.S. LEXIS 2612 (U.S. Apr. 4, 2011) , Dkt. No. 09-987, and Garriott v. Winn , Dkt. No. 09-991, involving three of the most controversial...