The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also...more
The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more
3/28/2025
/ Appeals ,
Contamination ,
Department of Defense (DOD) ,
Environmental Litigation ,
Federal Contractors ,
Government Contractor Defense ,
Jurisdiction ,
Litigation Strategies ,
Manufacturers ,
PFAS ,
Popular ,
State and Local Government ,
Water Pollution
Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker, and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the...more
For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more
12/20/2024
/ Appeals ,
Breach of Duty ,
Construction Industry ,
Construction Site ,
Contract Terms ,
General Contractors ,
Labor Law Violations ,
New York ,
Remedial Actions ,
Risk Management ,
State Labor Laws
This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more
9/13/2024
/ Bodily Injury ,
Causation ,
Class Action ,
Consumer Protection Laws ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Misrepresentation ,
Multidistrict Litigation ,
Over The Counter Drugs (OTC) ,
Prescription Drugs ,
Suppliers ,
Toxic Chemicals
The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid...more
Litigation is expensive. Litigants may turn to third-party funding for support. Such litigation financing can raise ethical concerns and has been criticized for exploiting litigants (personal injury plaintiffs in particular)...more
The U.S. Environmental Protection Agency (EPA) recently announced a final rule prohibiting the ongoing use of chrysotile asbestos. The rule, which is the first to be finalized under the 2016 amendments to the Toxic Substances...more
The Environmental Protection Agency (EPA) recently released two proposed regulations that would classify nine per- and polyfluoroalkyl substances (PFAS) as “hazardous constituents” and expand oversight of waste facilities to...more
The U.S. Food and Drug Administration (FDA) announced certain food-packaging materials containing per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the U.S. PFAS are a large, diverse, and complex family of...more
Sixth Circuit Rejects Overly Ambitious PFAS Class Action -
Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) -
The United States Court of Appeals for the Sixth Circuit...more
1/24/2024
/ CA Supreme Court ,
Case Consolidation ,
Class Action ,
Expert Testimony ,
Federal Rules of Evidence ,
Gross Negligence ,
Mallory v Norfolk Southern Railway Co ,
Multidistrict Litigation ,
National Institute of Health (NIH) ,
Nursing Homes ,
Personal Jurisdiction ,
PFAS ,
Popular ,
Punitive Damages ,
SCOTUS ,
Take-Home Exposure ,
Unfair or Deceptive Trade Practices ,
Wrongful Death
PFAS defendants can use the International Agency for Research on Cancer’s (IARC’s) recent statement on the carcinogenicity of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in support of causation and...more
“Nuclear” verdicts are awards that are exceptionally high, eclipsing what would be a rational, reasonable, or expected amount based on the evidence. Three recent jury verdicts awarding unreasonably large compensatory and...more
After a nine-day trial, a state court jury in Stamford, Connecticut, returned a unanimous defense verdict in a case where the plaintiff alleged exposure to benzene in gasoline caused leukemia. The verdict shows how defendants...more
The United States Court of Appeals for the Sixth Circuit vacated a district court’s order certifying a class of 11.8 million people whose blood is allegedly contaminated with PFAS/PFOA and directed the lower court to dismiss...more
Plaintiffs’ claims in the hair relaxer multi-district litigation (“MDL”) will move forward, according to a decision by the Northern District of Illinois. The decision exemplifies the liberalities sometimes permitted under...more
Labor Law § 241(6) imposes a non-delegable duty on property owners and general contractors to provide construction, excavation or demolition workers with proper safety precautions set forth in Part 23 of Title 12 of the New...more
Recently passed Illinois House Bill 219 and Illinois Senate Bill 1748 expand access to punitive damages and expedited trials, respectively. Illinois House Bill 219 allows for the recovery of punitive damages in all wrongful...more
The United States Supreme Court reversed the Pennsylvania Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co., finding Pennsylvania’s consent to jurisdiction by corporate registration unconstitutional in a 5-4...more
7/11/2023
/ Commerce Clause ,
Constitutional Challenges ,
Due Process ,
Foreign Corporations ,
Fourteenth Amendment ,
General Jurisdiction ,
General-Business ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Principal Place of Business ,
Registration Requirement ,
SCOTUS
Salt, chicken, and more were on the minds of federal regulators in April, as the U.S. Food and Drug Administration (“FDA”) issued proposed rules and labeling guidance on food products, and the USDA was petitioned to better...more
The first quarter of 2023 witnessed significant litigation and regulatory developments that will undoubtedly affect members of the chain of commerce in the food and beverage industry. Specifically, putative class actions...more
Use of multi-district-litigation (“MDLs”) to jointly manage discovery in toxic tort and product liability suits involving the same subject matter but filed in disparate jurisdictions is ever increasing. At present there are...more
New York’s Appellate Division, Second Department faced a novel question regarding interpreter bias at depositions. Zhiwen Yang v Harmon, (2023 NY Slip Op 00893 [2d Dept 2023]) stemmed from a Queens County Supreme Court...more
The United States Environmental Protection Agency (EPA) announced final revised risk determinations for two chemicals, perchloroethylene (perc) and trichloroethylene (TCE). After revisiting its prior risk determinations, EPA...more
As of January 30, 2023, Governor Hochul vetoed the New York State Grieving Families Act, which would have overturned century-old law that bars plaintiffs in wrongful death suits from recovering damages to compensate them for...more