Recent Publications - Complex Torts & Product Liability


Asserting Damages for Data Piracy Under the CFAA
June 20, 2017 | Shari Claire Lewis | Complex Torts & Product Liability | Professional Liability | Privacy, Data & Cyber Law
Data often is the lifeblood of a business. When a database is breached in one way or another, the results can be devastating—especially if the data falls into the hands of a competitor. Many companies suffering this kind of loss turn to litigation. Perhaps in an effort to obtain federal court jurisdiction, they may assert …
Read More
Glyphosate and the Many Ramifications of an IARC Classification
May 30, 2017 | Complex Torts & Product Liability
As is frequently the case, a regulatory development or finding will serve as the impetus for activity in the realm of toxic tort. From the plaintiff’s perspective, the underlying science has been given the patina of credibility by the regulatory action; from the defense view, the regulatory action does not elevate the underlying science to …
Read More
Hidden Risks In Practice Acquisitions And Joint Ventures
May 25, 2017 | Health Services | Complex Torts & Product Liability
There is a potential compliance “blind spot” associated with what many in the healthcare industry would regard as ordinary practice acquisitions and joint ventures involving hospitals and other provider organizations. This area of possible vulnerability arises from the payment of consideration for what are sometimes insufficiently delineated assets of the target or partner entity. If …
Read More
Strober’s “New York Lead-Paint Case Update” in Environmental Claims Journal
May 10, 2017 | Complex Torts & Product Liability
This article examines a variety of recent lead-paint decisions issued by New York courts, from trial level, to appellate, to the state’s highest court. As these cases suggest, lead-paint complaints against landlords and property owners are likely to continue to be filed in New York courts for some time to come. Click here to read …
Read More
International Dioxin Developments
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
Incinerator Project Proposed for Central China The government of Xiantao in central China has contracted with Infore Environment Technology Group for a new incineration plant for the area, according to news reports. Background A prior incinerator project was suspended last year after residents protested. An economic planner in Xiantao proposed the new project on February …
Read More
The Science of Dioxin
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
Korea Agency for Technology and Standards Finds No Dioxin in Pampers Diapers The Korea Agency for Technology and Standards has found no dioxin present in diapers manufactured by Procter & Gamble and sold by retailers in Korea. Retailers had withdrawn the diapers over a French consumer publication’s claim that it had detected dioxin in the …
Read More
Dioxin: State Developments
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
New Jersey Legislators Seek Investigation of Impact on Superfund Sites of Argentinian Company’s Bankruptcy Two resolutions primarily sponsored by New Jersey Senators Christopher “Kip” Bateman and Bob Smith and New Jersey Assemblyman Timothy Eustace urge federal and state authorities to investigate actions taken by an Argentinian state-owned oil company, YPF S.A., to discharge Superfund obligations through United States …
Read More
Dioxin in the Courts
April 27, 2017 | Commercial Litigation | Complex Torts & Product Liability
Lawsuit Seeks Update to Washington’s Clean Water Act Standards A lawsuit filed by an environmental group in a federal district court in the state of Washington contends that Washington’s aquatic life criteria “for many toxic pollutants” must be updated because the current rules violate the Clean Water Act (“CWA”). Background The lawsuit was filed by …
Read More
Dioxin Developments
April 27, 2017 | Complex Torts & Product Liability | Commercial Litigation
Report Cites Elevated Dioxin in Some People Who Ate Detroit River Fish A study by the Michigan Department of Health and Human Services found that some people who ate fish from the Detroit River two or more times per month had elevated levels of dioxin as well as mercury and polychlorinated biphenyls (“PCBs”) in their …
Read More
Second Circuit Rejects Secret-Cookie Suit
April 21, 2017 | Complex Torts & Product Liability | Privacy, Data & Cyber Law | Professional Liability
By now, anyone who uses a cell phone or other method to access the Internet—virtually everyone—has heard of “cookies” intended to track their online activities. Many individuals who object to tracking take steps to block cookies through privacy settings on their web browsers and other technologies. However, in a decision with important implications for those …
Read More
Multiple Sales of Tabletop Torches Were Multiple Occurrences
April 21, 2017 | Complex Torts & Product Liability | Insurance Coverage
The U.S. District Court for the Southern District of Ohio has ruled that multiple sales of tabletop torches amounted to separate occurrences for purposes of triggering the torch seller’s excess insurance policy. The Case Several lawsuits were filed against Big Lots Stores, Inc., by plaintiffs in Illinois, New Jersey, Pennsylvania, and Texas alleging that they had …
Read More
Richman Authors Chapter in NYSBA Book
April 3, 2017 | Complex Torts & Product Liability | Medical Malpractice Defense
David Richman’s paper, “Motions in Limine and Opening Statements,” was published in the New York State Bar Association’s book entitled, “Preparing For and Trying the Civil Lawsuit,” which, according to the foreword, was created to “inform both the aspiring trial attorney and the seasoned practitioner of the ‘how to’ of litigation practice.” David’s chapter discusses …
Read More
International Dioxin Developments
March 27, 2017 | Complex Torts & Product Liability | General Liability
Dublin Incinerator Begins Operations An incinerator in Dublin, Ireland, developed by Covanta is expected to be fully operational by August. Background The Dublin Waste-to-Energy project is a public private partnership (“PPP”) between the Dublin city council and Covanta to provide a thermal treatment plant to treat municipal waste. Located in Poolbeg, in Dublin Port, the …
Read More
Dioxin: Regulatory Developments
March 27, 2017 | Complex Torts & Product Liability | General Liability
V.A. Begins Processing Claims from Marines Affected by Toxic Water On the heels of agreeing to provide disability benefits potentially totaling more than $2 billion to veterans who had been exposed to contaminated drinking water while assigned to Camp Lejeune in North Carolina, the federal government has begun processing veterans’ claims for disability benefits. In …
Read More
Dioxin: Legislative Developments
March 27, 2017 | Complex Torts & Product Liability | General Liability
Congressmen Ask Federal EPA to Determine if Hackensack River Should Be Added to Superfund List Following reports of elevated pollution levels in the Hackensack River from recent sediment samples, Congressmen Josh Gottheimer (NJ-5) and Bill Pascrell (NJ-9) sent a letter to the Environmental Protection Agency (“EPA”) urging it to finalize its review of the site …
Read More
Dioxin Developments
March 27, 2017 | Complex Torts & Product Liability | General Liability
Dozens of Plaintiffs in San Jacinto River Superfund Case Now Must Offer Evidence of Alleged Injuries or See Case Dismissed About three dozen “lead” plaintiffs who are suing for damages they alleged they suffered from exposure to toxins at the San Jacinto River Superfund site have begun to offer, or soon will have to offer, …
Read More
Principles of Judicial Estoppel May Constrain the Assignability of Legal Malpractice Claims to Former Litigation Adversaries
March 15, 2017 | Professional Liability | Complex Torts & Product Liability | Insurance Coverage
In a recent decision, the United States District Court for the Southern District of New York considered whether principles of judicial estoppel may prevent an assignee of a legal malpractice claim from prevailing on a claim against his former adversary’s attorneys. Molina v. Faust Goetz Schenker & Blee, LLP, 2017 U.S. Dist. LEXIS 13568 (S.D.N.Y. …
Read More
Online and Social Media Defamation in Today’s Age
February 21, 2017 | Privacy, Data & Cyber Law | Professional Liability | Complex Torts & Product Liability
Twitter, Facebook, Instagram, and other forms of social media are becoming the dominant communication tools in today’s political and social discourse, often entirely supplanting traditional media’s role in public commentary. Social media’s emerging role, combined with the extreme divisions so evident in our country, have caused the courts to consider application of pre-Internet legal standards …
Read More
International Dioxin Developments
February 16, 2017 | Complex Torts & Product Liability | Commercial Litigation
Decision on Cork Harbour Incinerator Expected by March 22 The authorities reviewing a proposal for a €160 million municipal and hazardous waste incinerator in Cork Harbour, Ireland, are expected to issue a decision by March 22. Background Indaver, which is a waste management company, submitted an application to An Bord Pleanála, the Cork County governing …
Read More
Dioxin: Legislative Developments
February 16, 2017 | Complex Torts & Product Liability | Commercial Litigation
New Hampshire Bill Would Require Sediment Analysis at Construction Sites A New Hampshire state representative, Wayne Burton, has introduced a bill that would require construction projects that disturb sediments of estuarine waters to analyze the characteristics of the sediments and submit a chemical analysis of the sediments to the state’s Department of Environmental Services (“DES”) …
Read More
The Science of Dioxin
February 16, 2017 | Commercial Litigation | Complex Torts & Product Liability
“Little Health Risk” from PCDD/Fs in Food in China, Paper Finds The Journal of Environmental Sciences has published a scientific paper that found “little health risk” from polychlorinated dibenzo-p-dioxins and dibenzofurans (“PCDD/Fs”) in food in China. Background The paper, entitled “Patterns and dietary intake of polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans in food products in China,” …
Read More
Dioxin Developments
February 16, 2017 | Commercial Litigation | Complex Torts & Product Liability
Court Ruling Moves California Closer to Requiring Warning Label on Glyphosate A tentative ruling by a California judge has moved state regulators closer to requiring a warning label on glyphosate, the main ingredient in the Monsanto product, Roundup. Background In 1986, California voters adopted Proposition 65, more formally known as the Safe Drinking Water and …
Read More
New Nanotechology Rule and Handling Toxic Torts
January 31, 2017 | Complex Torts & Product Liability
After a wait of more than 10 years, on January 12, 2017, the EPA issued its final rule relating to reporting requirements under TSCA for nanoscale chemicals, being the agency’s first time in requiring such reporting. We will not attempt to set out the particulars of the reporting requirements (e.g., what substances are reportable under the rule …
Read More
International Dioxin Developments
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Dioxin Clean-Up to Begin at New Zealand’s Kopeopeo Canal Authorities in a New Zealand town have awarded a contract to a consortium led by Auckland-based EnviroWaste Services Limited to remove sediment containing dioxin from a 5.1 kilometer section of the Kopeopeo Canal. Background The Kopeopeo Canal was built during the 1920s to convey drainage and …
Read More
The Science of Dioxin
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Researchers Say They Have Mapped PHCZs in the Great Lakes Researchers from the School of Public Health, the Department of Civil and Materials Engineering, and the Department of Earth and Environmental Sciences at the University of Illinois at Chicago and from the Department of Veterinary Biomedical Sciences and Toxicology Centre at the University of Saskatchewan have published …
Read More
Dioxin: Legislative Developments
January 25, 2017 | Complex Torts & Product Liability | Commercial Litigation
Proposed Constitutional Amendment on Natural-Resources Damages Set for Vote in New Jersey The New Jersey legislature has approved a resolution that allows voters to vote on a constitutional amendment that, if adopted, would limit the ability of the state to use funds received in settlement of certain environmental actions for general budgetary purposes. The resolution …
Read More
Dioxin Developments
January 25, 2017 | Commercial Litigation | Complex Torts & Product Liability
Upstate New York County Legislators Support National Firefighter Cancer Registry Legislators in the upstate New York county of Onondaga have voiced their support for a registry that would track cancer cases among firefighters. Supporters of a federal bill, The Firefighter Cancer Registry Act, have estimated that as many as three out of five career firefighters …
Read More
Self-Proclaimed Publisher of Fake News Sites Loses Circuit Appeal
December 21, 2016 | Privacy, Data & Cyber Law | Professional Liability | Complex Torts & Product Liability
Fake news has been in the news a great deal recently, with some wondering how to address it. The recent decision by the U.S. Court of Appeals for the Second Circuit in Federal Trade Commission v. LeadClick Media , 838 F.3d 158 (2d Cir. 2016), may provide a way, at least in some instances. In …
Read More
International Dioxin Developments
December 20, 2016 | Complex Torts & Product Liability
Vietnam’s Environmental Standards Under Review Regulators in Vietnam are examining the country’s environmental standards and expect to complete their review by the end of 2017, according to published reports. Background Dr. Tran The Loan, the former head of the pollution control agency under the Ministry of Environment and Natural Resources’ General Department of Environment, told …
Read More
The Science of Dioxin
December 20, 2016 | Complex Torts & Product Liability
Atlantic Killifish Rapidly Adapted to Pollution, Researchers Say A paper published in the journal Science has concluded that Atlantic killifish populations have rapidly adapted to normally lethal levels of pollution in four urban estuaries. Background The paper, entitled, “The genomic landscape of rapid repeated evolutionary adaptation to toxic pollution in wild fish,” is credited to …
Read More
Dioxin: State Developments
December 20, 2016 | Complex Torts & Product Liability
$53 Million in Passaic River Settlement Proceeds Awarded for Local Projects New Jersey is awarding more than $53 million in grants to communities within the watershed of the lower Passaic River and the Newark Bay complex in an effort to improve public access and restore wetlands ecosystems. Natural Resource Damage Settlement The grants are the …
Read More
Dioxin Developments
December 20, 2016 | Complex Torts & Product Liability
State of Washington Is First State to Sue Monsanto Over PCB Damages and Cleanup Costs The state of Washington has filed the first environmental lawsuit by a state against Monsanto Company seeking damages and cleanup costs associated with the polychlorinated biphenyls (“PCBs”) produced by the company. The Allegations The complaint, filed in a Washington state court, contends …
Read More
The Science of Dioxin
November 21, 2016 | General Liability | Complex Torts & Product Liability
Research Claims to Link Exposure to PCBs, Diet, and Cardiovascular Disease Researchers at the University of Kentucky Superfund Research Program (“UK SRP”) Center have identified what they characterized as a new mechanism linking exposure to polychlorinated biphenyls (“PCBs”) and cardiovascular disease (“CVD”). The researchers said that they revealed that PCBs can lead to increased production …
Read More
Dioxin: Legislative Developments
November 21, 2016 | General Liability | Complex Torts & Product Liability
New Jersey Senator Proposes Creation of Dedicated Environmental Fund A proposed constitutional amendment has been introduced into the New Jersey legislature that, if adopted, would dedicate all moneys from settlements and awards collected by the state in connection with legal claims based on environmental contamination. The proposed amendment would provide that such amounts only could …
Read More
International Dioxin Developments
November 21, 2016 | Complex Torts & Product Liability | General Liability
Hong Kong Center for Food Safety Announces Latest Test Results on Hairy Crabs The Centre for Food Safety (“CFS”) of the Food and Environmental Hygiene Department in Hong Kong has stepped up surveillance on hairy crabs and has reported that the total level of dioxins and dioxin-like polychlorinated biphenyls (“PCBs”) in one sample taken at …
Read More
Dioxin Developments
November 21, 2016 | Complex Torts & Product Liability | General Liability
Black River PCB Site Is Not Expected to Cause Medical Problems, N.Y. State Health Department Concludes The New York State Department of Health (“NYSDOH”) has issued a public health assessment about the potential health risks associated with contaminants in the Black River PCBs site in Carthage/West Carthage, New York. Background As the public health assessment …
Read More
International Dioxin Developments
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
City in India Continues Open Burning of Garbage, Local Newspaper Reports A city in the southern part of Punjab, India, is still burning garbage in the open, in violation of government directives to the contrary, a newspaper in India has reported. According to the report, the city of Bathinda is burning the garbage rather than …
Read More
The Science of Dioxin
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
Researchers Claim TCDD Exposure Led to Fewer Boy Babies for Fathers A paper published in Occupational & Environmental Medicine is reporting that some men exposed to 2,3,7,8-tetrachlorodibenzo-pdioxin (“TCDD”) fathered fewer boy children than those with lower exposures. The paper, “Sex ratio of the offspring of New Zealand phenoxy herbicide producers exposed to 2,3,7,8-tetrachlorodibenzo-p-dioxin,” was authored …
Read More
Dioxin: Regulatory Developments
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
EPA Issues ROD Regarding $11 Million Cap Remedy for Standard Chlorine Chemical Superfund Site in New Jersey The U.S. Environmental Protection Agency (“EPA”) has issued a record of decision (“ROD”) setting forth its plan to remedy contamination at the Standard Chlorine Chemical Company, Inc. (“SCCC”) Superfund site (the “SCCC Site”) in Kearny, New Jersey, along …
Read More
Dioxin in the Courts
October 24, 2016 | Commercial Litigation | Complex Torts & Product Liability
Texas Appeals Court, Affirming Decision in San Jacinto Waste Pits Case, Upholds Exclusion of General Causation Opinion and Documentary Evidence About Dioxin An appellate court in Texas, affirming a trial court’s decision in favor of International Paper Company in a lawsuit involving potential liability for dioxin contamination in the San Jacinto Waste Pits, has upheld …
Read More
Sixth Circuit’s Decision on Privacy Claims Over Data Breaches
October 18, 2016 | Professional Liability | Complex Torts & Product Liability | Intellectual Property
Data breaches such as the one Yahoo recently revealed (500 million accounts!) get the big headlines. In response, large companies double down on their efforts to protect the security of their data. But small to midsize businesses often fail to appreciate the risk of a data breach to their own business. They may believe that …
Read More
Dioxin: Regulatory Developments
September 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
EPA Proposes to Cap Kanawha River Site The U.S. Environmental Protection Agency (“EPA”) has released an engineering evaluation and cost analysis (“EE/CA”) for the Kanawha River site, in Nitro, West Virginia (the “Site”) that proposes to cap the Site. Background In March 2004, the EPA and Monsanto Company entered into an administrative order on consent …
Read More
Dioxin Developments
September 23, 2016 | Commercial Litigation | Complex Torts & Product Liability
Army Corps Evaluates Alternatives for Remediating San Jacinto River Waste Pits The U.S. Army Corps of Engineers has issued a new report at the request of the U.S. Environmental Protection Agency (the “EPA”) that evaluates various remediation alternatives presented in a feasibility study for the San Jacinto River Waste Pits Superfund Site (the “Site”). Background …
Read More
International Dioxin Developments
August 22, 2016 | Complex Torts & Product Liability | Commercial Litigation
Boiler #1 at Durham York Energy Centre Is Approved for Restart Covanta Durham York Renewable Energy Limited, the operator of the Durham York Energy Centre (“DYEC”), has received approval to restart Boiler #1. Background The DYEC is a new, state-of-the-art $286-million solid waste-to energy incinerator in Southern Ontario near Toronto built and operated by Covanta …
Read More
Dioxin: Regulatory Developments
August 22, 2016 | Complex Torts & Product Liability | Commercial Litigation
EPA Proposes $11 Million Cleanup for Standard Chlorine Chemical Site on the Hackensack River The U.S. Environmental Protection Agency (“EPA”) has proposed a plan to clean up contamination at the Standard Chlorine Chemical Company, Inc. Superfund site in Kearny, New Jersey. Background The 25-acre site is part of the New Jersey Meadowlands and on the …
Read More
The Science of Dioxin
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Taipei Medical University Doctor Claims Dioxin is Linked to Premature Ovarian Failure A physician from Taipei Medical University reportedly suspects that an increase in “premature ovarian failure” is due to increased exposure to environmental pollutants such as dioxin. A recent news story in The Taipei Times asserted that physicians from Taipei Medical University had found …
Read More
Dioxin: Legislative Developments
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Members of Congress Call for Cleanup of San Jacinto Waste Pits Republican and Democratic members of the House of Representatives from Texas are calling on the Environmental Protection Agency (“EPA”) to remove all contamination from the San Jacinto Waste Pits. The EPA is close to proposing a long term remedy for the 14-acre San Jacinto …
Read More
Dioxin Developments
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Report Cites Dioxin in Sediment at Former Boise Cascade Mill in Salem, Oregon Engineering consultants conducting a sediment investigation (“SI”) at a former paper mill in Salem, Oregon, have reported finding high levels of dioxins and furans at the site. Background Geosyntec Consultants prepared a report entitled “Willamette Slough Sediment Investigation” for the Oregon Department …
Read More
Speaking With: Len Rivkin
August 22, 2016 | Commercial Litigation | Complex Torts & Product Liability
Leonard L. Rivkin, the founding partner of Rivkin Radler, has decades of experience as national trial counsel in high profile, landmark, and precedent-setting cases. Len served as lead counsel on the Agent Orange class action suit and was national coordinating counsel for a major asbestos manufacturer in claims against the United States and the company’s …
Read More
International Dioxin Developments
July 20, 2016 | Commercial Litigation | Complex Torts & Product Liability
One Boiler Remains Offline at Durham York Energy Centre One of two boilers at the Durham York Energy Centre (“DYEC”) remains offline following reports of high emission limits for dioxins and furans from that boiler. Results for the second boiler at the facility were below the allowable limits. Background The DYEC is a new, state-of-the-art …
Read More
Previous PageNext Page

Legal updates and news delivered to your inbox