Civil Litigation

Subscribe to Civil Litigation

In my last blog, we explored the onerous changes made by the New York State Legislature to the Defendant’s obligation to provide disclosure regarding available insurance. Entitled the Comprehensive Insurance Disclosure Act, the law made wholesale changes to CPLR 3101(f)’s insurance disclosure requirements and went into immediate effect upon the bill’s signing by Governor Hochul on December 31, 2021.
Continue Reading Amendments to New York’s Onerous New Insurance Disclosure Requirements May Be Imminent

The SCOTUS decision in Ford Motor Company v. Montana Eighth Judicial District Court[1] is a decision that we believe will alter the legal landscape in the defense of product liability matters with respect to the personal jurisdiction defense. We have reported on this case in prior posts (see The Law of Personal Jurisdiction Is About to Be Changed Again – What Life Science Companies Should Expect), and now that a decision has been handed down by the SCOTUS, we would like to share some of our thoughts on how we believe the decision will impact the defense of life science companies in product liability litigation throughout the United States.
Continue Reading The SCOTUS Decision in Ford v. Montana and Its Impact on the Defense of Life Science Companies

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

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