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New York’s High Court Expands Definition of Family

William A. Ruskin's Toxic Tort Litigtion Blog Posted on March 30, 2021 by William A. RuskinMarch 31, 2021

In Greene v. Esplanade Ventures Partnership, 2021 N.Y. LEXIS 104, the New York State Court of Appeals considered whether plaintiff-grandparent Susan Frierson, who was in close proximity to her two-year old granddaughter when she was tragically struck and killed by falling debris from the a building with an allegedly defective facade, could pursue a claim for bystander recovery under a “zone of danger” theory. The traditional rule in New York has been that only a member of the immediate family could seek recovery for emotional distress as a result of viewing the death or serious physical injury under those circumstances. … Continue reading →

Posted in Emotional Distress, Uncategorized, Zone of Danger | Tagged Battalla v State of New York, bystander recovery, Emotional Distress Claims, fictitious injury, Greene v. Esplanade Ventures Partnership, June Cleaver, Modern Family, negligence, To Kill a Mockingbird, trigger warnings | Leave a reply

New York State Court Leads U.S. In Spoliation Of Evidence Risk

William A. Ruskin's Toxic Tort Litigtion Blog Posted on February 10, 2021 by William A. RuskinFebruary 10, 2021

New York is not the most populous state in the U.S. (it’s fourth), but its state courts litigate more spoliation disputes than any other state. In their recent data-driven analysis, Ronald W. Zdrojeski and Kamryn M. Deegan, lawyers at Eversheds Sutherland (US), make several cogent observations that should cause corporate inhouse counsel to perhaps give greater attention in preparing to litigate their matters in New York. Between December 2015 and December 2020, 226 disputes about destruction of evidence were decided in New York state courts of which 215 were decided by the Supreme Court and 11 by the Court of … Continue reading →

Posted in Uncategorized | Leave a reply

How Amended Federal Rule 30(b)(6) Will Change Your Practice

William A. Ruskin's Toxic Tort Litigtion Blog Posted on December 26, 2020 by William A. RuskinDecember 26, 2020

With little fanfare, an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure went into effect on December 1, 2020. It is critical that federal practitioners appreciate how the nuances of the amended Rule 30(b)(6) will affect deposition planning strategy in the coming year and beyond. The rule now requires that, “[b]efore or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.” The amended rule attempts to remedy existing entity designee deposition practice, which far too often involves the use of overly broad … Continue reading →

Posted in Federal Court Litigation, Uncategorized | Tagged Amended Rule 30(b)(6), corporate designee, depositions, federal court, Federal Rules of Civil Procedure, James Wagstaffe, Law360, Lexology, litigation tips, Matthew I. Rochman, meet-and-confer, reasonable particularity, William D. Dalsen | Leave a reply

Remote Deposition Witness Preparation: Best Practices

William A. Ruskin's Toxic Tort Litigtion Blog Posted on September 5, 2020 by William A. RuskinSeptember 5, 2020

Covid-19 has ushered in the era of the remote deposition. Preparing a client to be an effective witness in a remote deposition setting creates unique challenges. This article will discuss some of the concerns that often arise in that deposition preparation process. Many of the ideas expressed here are discussed in a recent article titled, “Maximizing Witness Effectiveness in a Remote Deposition”, by Ann T Greeley, Ph.D, a psychologist and trial consultant at DecisionQuest. It occurred to me reading her article that although I have competently prepared witnesses for deposition for decades, remote deposition preparation may require some fine-turning of … Continue reading →

Posted in Discovery, Remote Depositions | Leave a reply

Defending Remote Corporate Depositions in the Covid-19 Era

William A. Ruskin's Toxic Tort Litigtion Blog Posted on May 17, 2020 by William A. RuskinMay 17, 2020

This article will discuss best practices for defendant’s counsel to follow in representing a corporate client remotely (e.g., via Zoom, GoToMeeting, or WebEx). Increasingly, it is the expectation of courts, both state and federal, that deposition discovery will continue during the pandemic. How can you, as the defense lawyer, fulfill your primary duty of providing effective counsel to the client when the prep is conducted long distance and you will not be able to be in the same room as your client during the deposition? In a document-intensive deposition, how can you ensure that the client is fully capable of … Continue reading →

Posted in Uncategorized | Leave a reply

Infringing Unicorns and Knock-off Elves in the Covid-19 Public Emergency

William A. Ruskin's Toxic Tort Litigtion Blog Posted on March 30, 2020 by William A. RuskinMarch 30, 2020

There are few light moments during a pandemic, but the Order of the Hon. Steven Seeger, a federal district court judge in Chicago sitting in the United States District Court for the Northern District of Illinois, Eastern Division, issued on March 18, 2020, in an infringement case brought by Art Ask Agency, is scathing. The Order is a biting commentary, penned with deadpan sarcasm, about litigants, such as the plaintiff here, who were clearly oblivious to a “fast-developing public health emergency” in repeatedly demanding that the federal district court hold a hearing to enjoin the sale of “infringing unicorns and … Continue reading →

Posted in Federal Court Litigation, Uncategorized | Tagged Art Ask Agency, coronavirus, Covid-19, Elihu Root, elves and unicorns, Hon. Steven Seeger, pandemic, TRO Application | Leave a reply

NY Appeals Court Shifts Goal Posts For Environmental Class Actions

William A. Ruskin's Toxic Tort Litigtion Blog Posted on December 18, 2019 by William A. RuskinDecember 18, 2019

The decision of the Appellate Division, Third Department, in Burdick v. Tonoga, Inc., decided November 21, 2019, affirms the trial court’s decision certifying four classes, including a medical monitoring class, arising from claims of property damage and personal injury allegedly resulting from PFOA exposure. The decision potentially expands significantly class action plaintiffs’ use of CPLR 901 and CPLR 902, New York’s rules governing class certification, in environmental tort actions. Although the members of the medical monitoring class do not claim to suffer presently from any demonstrated PFOA-related physical injury, the appellate court nonetheless determined that certification of a medical monitoring … Continue reading →

Posted in Uncategorized | Leave a reply

WATER: Is it a Public Trust Resource? Private Resource? Or Both?

William A. Ruskin's Toxic Tort Litigtion Blog Posted on July 22, 2019 by William A. RuskinAugust 7, 2019

co-authored by Devon Bombassei What is the Public Trust Doctrine? Is it a concept that can be wielded like a sword to bring environmental miscreants to their knees in a courtroom? Or is it a shield to protect the citizenry against overzealous private interests that would seek to use this precious natural resource for profit and corporate gain? As the debate over the use of water intensifies, the water industry–comprised of regional, municipal and private companies–is unsure whether the formal adoption of the Public Trust Doctrine by states and municipal entities may undermine long accepted business models and place constraints … Continue reading →

Posted in Uncategorized | Leave a reply

Causation Science Really Does Matter In NY Toxic Tort Litigation

William A. Ruskin's Toxic Tort Litigtion Blog Posted on December 8, 2018 by William A. RuskinDecember 8, 2018

In what may arguably be the most terse “landmark decision” to be published by the New York Court of Appeals (68 words/two sentences), New York’s highest court affirmed a trial court order setting aside an $11m jury verdict holding Ford Motor Company liable for a former auto mechanic’s mesothelioma, alleged to have been caused by 25 years of exposure to asbestos while servicing Ford vehicles.    The tweet-length decision in Juni v. A.O. Smith Water Products, was a re-affirmation by the New York Court of Appeals of its reasoning in two prior key decisions, Parker v. Mobil Oil, 7 NY3d 434 [2006] and Cornell v 360 W. 51st … Continue reading →

Posted in Uncategorized | Tagged asbestos, Cornell v 360 W. 51st St. Realty, Juni v. A.O. Smith Water Products, NYCAL, Parker v. Mobil Oil, single-fiber | Leave a reply

Why The Long Island Sound Watershed Requires Protection

William A. Ruskin's Toxic Tort Litigtion Blog Posted on August 8, 2018 by William A. RuskinAugust 9, 2018

There is the Long Island Sound and then there is the Long Island Sound Watershed.  Before you can effectively protect Long Island Sound from environmental contamination, it is necessary to understand the Long Island Sound Watershed and its strategic role in maintaining the water quality in Long Island Sound. We are all familiar with Long Island Sound.  With some 600 miles of coastline, the Sound covers over 1,320 square miles.  The Sound is an estuary, a body of water where fresh water from rivers draining from the land mixes with salt water from the Atlantic Ocean.  The Sound’s coastline includes more than 60 bays, with beaches … Continue reading →

Posted in Environmental Advocacy, Uncategorized | Tagged climate change, GAO-18-410, Long Island Sound, LONG ISLAND SOUND RESTORATION: Improved Reporting and Cost Estimates Could Help Guide Future Efforts, Long Island Sound Study, Long Island Sound Watershed, private funding, public/private partnerships | Leave a reply

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William A. Ruskin

The Toxic Tort Litigation Blog reports on recent developments and trends in toxic tort, environmental and product liability litigation of interest to the defense bar.  It also explores the convergence of complex science and medicine and the law.
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Recent Posts

  • New York’s High Court Expands Definition of Family
  • New York State Court Leads U.S. In Spoliation Of Evidence Risk
  • How Amended Federal Rule 30(b)(6) Will Change Your Practice
  • Remote Deposition Witness Preparation: Best Practices
  • Defending Remote Corporate Depositions in the Covid-19 Era

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