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
Amendments to New York’s Onerous New Insurance Disclosure Requirements May Be Imminent
On December 31, 2021, New York Governor Kathy Hochul closed the year by signing into law the 
On October 1, 2021, California Governor Gavin Newsom signed into law SB 447, which amended 
As product liability defense counsel, we of course stay up to date on significant court decisions dealing with the defense of Personal Jurisdiction. In cases where we are representing a corporation that was not sued in its home state (i.e., the state where it maintains its headquarters or where it was incorporated), we always consider filing a potential motion to dismiss on behalf of the foreign corporation at the outset of the case. In a motion to dismiss for lack of Personal Jurisdiction, the defense argues that it is not subject to the jurisdiction of the court where the action is filed, and therefore the “Forum Court” does not have the authority to render a decision or judgment that is binding on the foreign corporation, since it lacks the requisite jurisdiction. A jurisdictional motion to dismiss can be extremely powerful, and can protect a defendant from wrongfully being hauled into a court that is located outside of its home state and that does not have any connection to the issues that are in dispute in the lawsuit. Nonetheless, it also is important to carefully consider the prospects of raising this defense at the outset of the case, because the defense can be waived by a defendant, and in some instances, a defendant can consent to the Personal Jurisdiction of a foreign state.
Hardly a week goes by that I don’t receive an email or other solicitation from a third-party Litigation Funding company about whether my clients would be interested in putting together a deal. I suspect I am not alone and many other lawyers are receiving the same type of targeted email marketing from Litigation Funding companies.