Copiers' Defects Did Not Render Replacement an Ineffective Remedy; GBL Claims Time Barred

Multidistrict litigation court erred in ruling that plaintiff's failure-to-warn claim was not preempted under the Federal Insecticide, Fungicide and Rodenticide Act because neither issue preclusion nor administrative law provided a basis to affirm, the preapproval regulation prohibited modifying health warnings on a pesticide's preapproved label and the parallel requirements test was not satisfied when the Pennsylvania duty to warn and the federal comparator were compared. Reversed.

Failure to issue litigation hold following filing of counterclaim constituted reckless behavior warranting adverse inference after material, relevant information was deleted per automatic deletion protocols.

In June 2018, defendant Dow Chemical Company hired plaintiff Christy Bunker as a senior health service manager.

Labor Law § 741 Claim Upheld, Issues as to Whether NYU Retaliated Against Plaintiff

Default Judgment Should Have Been Set Aside as Inconsistent With Jury's Verdict