Massachusetts has taken a drastic and abrupt step by banning the sale of all vaping products, nicotine and THC, within its state borders for the next four months. This drastic and sweeping prohibition against vaping products will have far-reaching economic consequences for many small businesses that make up the bulk of this new and burgeoning industry. The root cause of the recent vaping-related illnesses appears to be the result of illicit and unregulated THC cartridges from the black market. Continue Reading Vaping Businesses Catch a Bad Rap: The Recent Ban of ALL Vaping Products in Massachusetts Unfairly Prejudices the Vape Industry and Vape Consumers

Under the title “New York May Soon Increase Recoverable Wrongful Death Damages,” we wrote recently about efforts within the New York State Legislature to significantly add to the types of damages that could be awarded in wrongful death litigation.
Continue Reading New York Legislature Declines to Expand Wrongful Death Damages

Two bills currently wending their way through the New York State Assembly and Senate, if enacted, would significantly increase the nature and amount of damages that could be awarded to plaintiffs in wrongful death actions filed in New York.
Continue Reading NY State May Soon Increase Recoverable Wrongful Death Damages

In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019, the Supreme Court of Florida ruled that Daubert – not Frye – now governs the admissibility of expert testimony in Florida. See In re Amendments to the Florida Evidence Code, No. SC19-107, May 23, 2019.

Continue Reading The Daubert Standard Once Again Controls in Florida State Court

In products liability litigation, the question of whether a product was defectively designed because the manufacturer decided to make certain safety equipment “optional” instead of “standard” is an issue that arises often in cases involving heavy equipment and machinery or commercial vehicles.
Continue Reading The NY Court of Appeals Addresses “Optional Safety Equipment” in Fasolas v. Bobcat of N.Y., Inc.