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.

Last week I had the honor of moderating the main-stage judges’ panel at the DRI Product Liability Conference in Austin, Texas.  I was joined by three distinguished members of the Federal judiciary:

Continue Reading From the Perspective of the Bench: Discovery Cooperation & Proportionality in Complex Products Litigation

Supporters of autonomous vehicles, or self-driving cars, often claim they will make our roads safer by removing human error from the driving equation. However, critics of this new technology argue that the complexity of these machines will increase the potential for product defects to occur, which may mitigate some of the safety benefits derived from taking the potential for human error out of the act of driving a vehicle. Continue Reading Self-Driving Cars Will Likely Increase Product Liability Litigation