Jul
16
2019
On June 11, 2019, in the Matter of Eighth Jud. Dist. Asbestos Litig., (___NY3d___, 2019 NY Slip Op 04640, [2019]) New York State’s highest court, reversed the decision of the intermediate appellate court and reinstated an order of the trial Court denying a defendant’s motion for summary judgment. The motion had been granted on appeal under a theory that its coke ovens should not be considered “products” in the context of a New York products liability lawsuit.
Jul
16
2019
Illinois recently saw a major change to the longstanding exclusive remedy provision of the State’s workers’ compensation system. Under Public Act 101-0006, claims forinjury or death resulting from occupational diseases are now excluded from the statutes of repose provisions of the Illinois Worker's Compensation Act and the Workers' Occupational Diseases Act.
Jul
09
2019
In the unpublished decision of Magdon v. Harley Davidson, et al., 2019 N.J. Super Unpub. (App. Div. of N.J., Decided May 30, 2019),New Jersey’s Appellate Division reversed the trial court’s dismissal of a Plaintiff’s product liability complaint against Harley Davidson, and ruled that the plaintiff’s expert opinion was admissible.
Jun
25
2019
In Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397, as subrogee of Laura Lindsey v. Public Service Electric and Gas, A-4128-17T4, approved for publication June 17, 2019 (“Lindsey”), the Appellate Division considered the scope of available damages to homeowners who are displaced from their homes by another’s negligence.
Jun
25
2019
In Dutra Group v. Batterton, the United States Supreme Court held that punitive damages are not available under maritime law.
Jun
19
2019
On June 28, 2019, the First Department of the Appellate Division released its decision on the appeals brought by A.O. Smith, Peerless, and Burnham in the Pietro Macaluso matter. The case was tried to verdict on April 13, 2018 before Justice Mendez.
Jun
18
2019
McGivney, Kluger & Cook is pleased to congratulate MKC Partner James A. Long on his admission to the California Bar. Jim is a partner in the firm’s Syracuse, New York office and actively represents clients out of the firm’s Los Angeles office as well.
Jun
12
2019
New Jersey’s Appellate Division recently issued an unpublished decision in C.M.S. Investment Ventures Inc. v. American European Ins. Co., in which it affirmed a trial court’s grant of declaratory judgment to C.M.S. Investment Ventures (“CMS”), a policyholder with American European Insurance Company (“AEIC”). The declaratory judgment action arose when CMS, which owned an apartment building, faced a claim by one of its tenants/residents pertaining to a sexual assault.
Jun
10
2019
On May 10, 2019, New Jersey’s governor, Phil Murphy, signed legislation that amended the state’s current data breach laws, to expand the definition of personal information that requires consumers to be notified in the wake of a data breach.
May
28
2019
On May 23, 2019, the Florida Supreme Court reversed it stance regarding a critical rule on expert testimony, adopting the Daubert standard, effective immediately, and reversing a 2017 decision implementing Frye.