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Judge Censured for Actions in Auto Insurance Case
A Rochester City Court judge should be censured for trying to intercede with a state Supreme Court justice who was hearing a suit the city judge filed against an auto insurer, the state Commission on Judicial Conduct recommended Thursday.
MTA, LIRR Found Not Liable for Death of Cadet
A West Point cadet's decision to duck under or sidestep pedestrian warning gates just before he was killed by a speeding Long Island commuter train was the kind of "reckless and extraordinary conduct" that relieves the transit operators of liability, an appeals court has ruled.
Informant's Claims Proceed Against U.S., FBI Agents
An FBI cooperating witness who claims federal agents had him arrested on a bogus murder-for-hire charge and "engineered" his placement in solitary confinement for 15 months can proceed with his suit against the agents and the United States.
When Experts 'Cherry-Pick' Among Competing Studies
In his Complex Litigation column, Michael Hoenig discusses a recent First Circuit decision that tees up some critical tensions in toxic tort experts' methodologies. For example, experts can and do rely upon scientific and technical literature. But what if the articles relied upon are themselves partially or wholly unreliable? Or what if there is inconsistent technical literature? Does "cherry-picking" favorable articles sufficiently create a jury question, or does the problem of conflicting literature go to the heart of the threshold "reliability" question inherent in Daubert admissibility criteria?Be Vigilant When It Comes to Deposition Corrections
In his Complex Litigation column, Michael Hoenig writes: At first blush, many litigators on both sides possibly view the practice of offering corrections to deposition transcripts as a kind of vanilla ministerial function. A passive, uninterested approach to the other side's proffer of deposition errata sheets, however, is not only neglectful, it is unwise. When errata sheets are ruled to be failures, what's left is the sworn "uncorrected" testimony, which can prove fatal to a litigant's case.
Judges Find No Duty to Abate Lead in Grandmother's Unit
Although a child spent about 50 hours a week in her grandmother's Bronx apartment during the first year of her life, she did not "reside" in the unit for purposes of New York City's lead paint abatement law, the state Court of Appeals decided.Experts Flunk Reliability Test in BMW Case
In his Complex Litigation column, Michael Hoenig reports on a New York Court of Appeals decision in a case claiming that a youngster's mental and physical disabilities were caused by in utero exposure to unleaded gasoline vapor attributable to a defective gas hose in the pregnant mother's BMW.
Arbitration Clause Class Waivers Upheld Again
In his Complex Litigation column, Michael Hoenig discusses the U.S. Supreme Court's pivotal rulings on class arbitration waiver clauses in consumer service agreements, including 'DIRECTV v. Imburgia', a recent holding that reversed a California appellate court's decision in favor of two consumers who sued over early termination fees they believed to violate state law.TRENDING STORIES
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