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
New York’s Appellate Division, First Department recently issued favorable dismissals to a sporting goods retailer and manufacturer in a case alleging issues with an elastic exercise band that injured a person’s right eye in a...more
The Second Department of the New York State Supreme Court Appellate Division issued two decisions in Phelps-Vachier v. Genovese Drug Stores, Inc. and Milazzo v. Best Mkt. on claims of spoliation of evidence.
Both Phelps...more
New York’s Appellate Division, Second Department reversed a trial court decision that granted a defendant’s motion to compel acceptance of a late answer. The facts on appeal entailed plaintiff completing service on November...more
New York’s Appellate Division, First Department affirmed a decision of the Bronx County Supreme Court, which precluded plaintiff’s expert evidence submitted in opposition to a summary judgment motion and following a Frye...more
When defending litigation in one state, mass tort defendants must consider other jurisdictions’ rules. For example, while some states generally prohibit a plaintiff from using a defendant’s discovery deposition as part of...more
A California appeals court permitted a Los Angeles County wrongful death lawsuit for COVID-19 “take-home” liability to proceed. The plaintiff claims that plaintiff’s employer’s negligence resulted in plaintiff’s transmitting...more
New York’s Appellate Division, Second Department recently denied two motions arguing an appeal was untimely where the appellant filed a notice of appeal nine days beyond the standard deadline. The appellant successfully...more
Recently, the Court of Appeals of New York answered the questions certified to it by the Second Circuit in the affirmative that New York recognizes “American Pipe” (American Pipe v. Constr. Co v. Utah, 414 U.S. 538 (1974))...more
The Appellate Division of New York, Second Department, recently upheld a lower court’s decision denying a defendant manufacturer’s application to perform destructive testing on a plastic object surgically removed from...more
Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more
5/9/2018
/ Appeals ,
Breach of Warranty ,
Design Defects ,
Dismissals ,
Expert Testimony ,
Failure To Warn ,
Learned Intermediary ,
Manufacturing Defects ,
Negligence ,
Product Defects ,
Summary Judgment