Complex Torts & Product Liability

Update to In Re: General Mills Glyphosate Litigation
August 31, 2017 | Paul V. Majkowski | Complex Torts & Product Liability

Paul Majkowski published an article in the American Bar Association – Mass Torts Litigation, “Update to In re: General Mills Glyposate Litigation.

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Asserting Damages for Data Piracy Under the CFAA
June 20, 2017 | Privacy, Data & Cyber Law | Professional Liability | Complex Torts & Product Liability

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

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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

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Hidden Risks In Practice Acquisitions And Joint Ventures
May 25, 2017 | Complex Torts & Product Liability | Health Services

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

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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.

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Second Circuit Rejects Secret-Cookie Suit
April 21, 2017 | Privacy, Data & Cyber Law | Professional Liability | Complex Torts & Product 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

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Multiple Sales of Tabletop Torches Were Multiple Occurrences
| 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

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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

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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.

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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

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