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 September 2018, California passed SB-327, the first Internet of Things (IoT) security law addressing growing concerns over cybersecurity for the burgeoning market of consumer IoT devices.

Continue Reading Internet-of-Things Security Standards: Will States Follow California’s Lead or Look Across the Pond for Further Guidance?

After more than five years of uncertainty, the Florida Supreme Court’s opinion in DeLisle v. Crane finally settled the debate over the standard for determining the admissibility of expert witness testimony in Florida state courts. Case No. SC16-2182 (Fla. Oct. 15, 2018). In a narrow 4-3 decision, the court rejected Daubert and adopted Frye. The outcome should come as no surprise. In 2017, in a rarely exercised move, the Florida Supreme Court declined to adopt the legislature’s 2013 revisions to the Florida Evidence Code codifying Daubert.


Continue Reading Frye Is Now, and Once Again, the Standard for Expert Opinion Admissibility in Florida

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