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Russ Vignali is a tenacious advocate who focuses his litigation practice on the defense of products liability matters and related commercial disputes in New York state and federal courts. He also handles a variety of claims in the general liability area and has experience with related insurance coverage matters. Russ joined Wilson Elser in 1982 out of law school and developed his service approach within a firm culture that values a high level of responsiveness and open communication with clients.

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

In a flurry of year-end activity, New York’s Governor Andrew Cuomo issued a series of legislative vetoes – at least three of which should be of interest to our readers.

Continue Reading New York’s Governor Ends Year with Three Important Legislative Vetoes

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

The discovery phase in your products liability lawsuit has been completed and it’s time to decide the next course of action before proceeding to trial. One possibility, of course, is to move for summary judgment to knock out the entire case pending against your client. However, you have concluded that, despite the strengths of your case, there are enough “issues of fact” to make the exercise probably useless.

Have you considered instead a Motion for Partial Summary Judgment? Perhaps you should.

The first step is to determine whether your jurisdiction permits motions for partial summary judgment to be filed. Rule 56 of The Federal Rules of Civil Procedure specifically calls for “Partial” summary judgments in its very title. In my home state, New York’s CPLR 3212(e) reads, “In any other action summary judgment may be granted as to one or more causes of action, or part thereof, in favor of any one or more parties, to the extent warranted, on such terms as may be just.” Thus, there is little doubt that under the right reading of the law and facts, a partial summary judgment might be allowed.
Continue Reading The Motion for Partial Summary Judgment: The Litigator’s Often Forgotten Tool