LexisNexis® Legal Newsroom
New York's First Department Adopts Even More Of Zubulake

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 ], which adopted the standards established in the SDNY's...

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider

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 pregancy, which resulted in Sean being born with birth...

William A. Ruskin: Was Buyer Of Real Estate 'Ready, Willing & Able' To Perform?

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 rule that a prospective purchaser seeking specific...

William A. Ruskin: Daubert On The Defense?

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 evidence. The manual describes key scientific...

William A. Ruskin: Did the Supreme Court's 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?

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 proof necessary to establish whether a PRP has "arranged...

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?

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 that approved of the use of computer-assisted...

William A. Ruskin: Mary Carter And Other Agreements Should Be Disclosed To Juries

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 no apparent motive for lying gives strong testimony...

William A. Ruskin: 2nd Circuit Grapples With Medical Monitoring

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 of the law concerning medical monitoring claims...

William A. Ruskin: CPSC Regulatory Issues Often Impact Product Liability

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 the interconnection between litigation and regulatory...

Illinois Jury Finds For Takeda In Actos Bladder Cancer Trial

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 America, Inc., et al. , No. 12 L 6087,...