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December 06, 2004 |

Court Revives Second Hand Asbestos Case

The Port Authority of New York and New Jersey may be liable for injuries resulting from second hand exposure to asbestos at its work sites, the Appellate Division, 1st Department ruled Thursday. The appeallate court concluded that the Manhattan Supreme Court "erred in holding that the Port Authority owed no duty to the wife as a matter of law on the ground that an employer's duty to provide employees with a safe workplace did not extend to non-employees exposed to asbestos off premises."
4 minute read
April 23, 2007 |

9/11 Air Quality Statements Not Actionable, 2nd Circuit Rules

Reassuring statements by federal officials about downtown Manhattan's air quality following the 9/11 terror attacks are not actionable, the 2nd Circuit ruled Thursday. The court affirmed the dismissal of five emergency workers' substantive due process claims. 2nd Circuit Chief Judge Dennis Jacobs wrote that the allegations "do not shock the conscience even if defendants acted with deliberate indifference ... ." Jacobs noted that officials at the time had conflicting obligations.
4 minute read
April 22, 2005 |

Contamination Suits Over Gasoline Additives May Proceed

A federal judge has refused to dismiss the bulk of cases filed against major oil companies for groundwater contamination caused by the gasoline additive known as MTBE. Judge Shira A. Scheindlin presented what she called the "commingled product theory," a modification of the theory of market share liability, for claims originating in three of the 15 states where cases were filed. The plaintiffs include cities, municipal corporations and water suppliers.
4 minute read
January 01, 2003 |

45 Under 45

5 minute read
June 30, 1999 |

Breast Implant Settlement Gets Tepid Endorsement

New York lawyers representing plaintiffs in breast implant litigation gave no more than a lukewarm endorsement to a $3.2 billion settlement plan currently under review by U.S. Bankruptcy Judge Arthur J. Spector in Bay City, Mich. The plan has already been accepted by a 6-2 vote of the tort claimants' committee appointed by Judge Spector, and an overwhelming majority of the Dow Corning claimants have voted to approve the plan. So why are the Gotham litigators underwhelmed?
4 minute read
October 24, 2005 |

Conflicts Put End to Congoleum's Pre-Packaged Bankruptcy Plan

Congoleum Corp.'s "pre-packaged" bankruptcy plan has been scotched by an appeals court because one of the firms the company hired also represented plaintiffs with asbestos claims against it.
4 minute read
April 19, 2011 |

Centralized Management of DePuy ASR™ Hip Implant Litigation

The Supreme Court, after considering the application and the comments received, has determined to assign all pending and future New Jersey state-court litigation involving DePuy ASR™ hip implants to Bergen County (Superior Court Judge Brian R. Martinotti) for centralized management purposes, but not to designate it as a mass tort.
21 minute read
September 20, 2007 |

Attorney Ineligibility Order Pursuant to Rule 1:28-2(a)

Notice to the bar.
400 minute read
June 21, 2006 |

Lanier Tactic Shows There's 'Desperate' -- and There's Successful

In plaintiffs lawyer W. Mark Lanier's second Vioxx trial, he tried a unique approach to closing arguments. He spun the case like four episodes of "Desperate Housewives," the popular prime time soap that several jurors had indicated they watch. Between each segment, he paused for a "commercial break," during which he played a Vioxx advertisement. As a prop, Lanier used a poster showing pictures of Merck executives' faces superimposed over the TV characters' faces. And it worked.
4 minute read
Chance for Lead Counsel Spot in BP Litigation Brings Swarm of Lawyers
Publication Date: 2010-09-28
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All-stars of the plaintiffs bar make their pitch for a place on the plaintiffs' steering committee in the BP oil spill MDL.

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