Acting within the context of the COVID-19 pandemic’s unique opportunity for permanent reform, the Administrative Board of Courts in New York, through the state’s Chief Administrative Judge Larry Marks and his Order of December 29, 2020, enacted new Uniform Rules in the Supreme and County courts that will permanently change discovery, motion practice, pre-trial procedures and other aspects of civil litigation in the state. Effective February 1, 2021, some of these changes will impact personal injury litigation in general, and products liability cases in particular. Continue Reading New Rules Bring Big Changes to New York Practice
Can a state court assert personal jurisdiction over a foreign component part manufacturer if the part was manufactured and sold overseas, but the manufacturer knew it was intended for use in a consumer product sold in the United States? This was the issue we faced while representing a Japanese manufacturer, whose battery cells were incorporated into smart phones sold throughout the United States. Continue Reading Reinforcing Purposeful Availment
The concept of personal jurisdiction refers to a court’s authority to order a defendant to answer legal claims filed in a particular state. “Lack of personal jurisdiction” is a powerful defense that will not only get the defendant out of the case at the very outset but also deter any future cases brought against that defendant in the same state. Continue Reading The Law of Personal Jurisdiction Is About to Be Changed Again – What Life Science Companies Should Expect
There are two matters currently before the U.S. Supreme Court that could potentially change the future landscape in the defense of vehicle manufacturers in product liability lawsuits here in the United States. Continue Reading U.S. Supreme Court’s Upcoming Decisions Address Stream of Commerce Plus Theory – Does Plaintiff’s Accident Arise from Defendant’s Conduct Within the State?
Back in January, we reported New York Governor Andrew Cuomo’s veto of legislation that would have amended the state’s Vehicle and Traffic Law to define and legalize the statewide use of electric scooters and electric bicycles. Continue Reading New York Finally Passes Legislation Regulating the Use of E-Bicycles and E-Scooters