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William A. Ruskin: Plaintiff's Failure To Disclose Expert Prior To Summary Judgment Proves Fatal

By William A. Ruskin In Akron Scott v. Westmore Fuel Company, Inc . (6/14/12) [ enhanced version available to lexis.com subscribers ], the Appellate Division, First Department, examined the timing of plaintiff's tardy expert disclosure. In that case, plaintiff disclosed his expert for the first...

William A. Ruskin: Frye Decision In BMW Case Results In Exclusion Of Plaintiff's Experts

By William A. Ruskin In a thoughtful decision handed down in Reeps v. BMW of North America, LLC , 2012 N.Y. Slip Op.33030(u) [ enhanced version available to lexis.com subscribers ], on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the expert testimony of plaintiff's...

William A. Ruskin: Environmental Diminution Of Property Value And The Creative Plaintiff Valuation Expert

By William A. Ruskin When a homeowner brings a multi-count toxic tort case alleging that a corporate defendant’s discharge of toxic substances from its facility contaminated his property, the diminution of property value claim is often the only element of damages subject to objective determination...