New York’s Appellate Division, Second Department reversed a trial court order precluding defendants’ expert engineer from testifying, issuing a new trial on the issue of liability in a personal injury action stemming from a...more
New York’s intermediate appellate court, the Appellate Division, First Department, recently unanimously affirmed a Bronx County trial court decision that, when opposing parties’ experts offer conflicting affidavits, summary...more
From pharmaceuticals to cosmetics, preemption to expert preclusion, New York state and federal courts issued decisions in 2023, which further shaped the landscape in the medical and life sciences legal world. To prepare the...more
1/19/2024
/ Causation ,
Class Action ,
Cosmetics ,
Department of Health and Human Services (HHS) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Recalls ,
Liability ,
Life Sciences ,
Medical Devices ,
Multidistrict Litigation ,
New York ,
Over The Counter Drugs (OTC) ,
PFAS ,
Popular ,
Pre-Market Notification ,
Prescription Drugs ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Summary Judgment
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
From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more
1/19/2023
/ Class Action ,
Consumer Fraud ,
Deceptively Misdescriptive ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Implied Warranties ,
Labeling ,
Life Sciences ,
Medical Devices ,
Misleading Statements ,
Negligence ,
New York ,
Pharmaceutical Industry ,
Popular ,
Putative Class Actions ,
Strict Liability ,
Unfair or Deceptive Trade Practices ,
Vaccinations
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
From pharmaceuticals to dietary supplements, preemption to public health, New York state and federal courts issued decisions in 2021, which further shaped the landscape in the medical and life sciences legal world. To prepare...more
1/27/2022
/ Breach of Warranty ,
Class Action ,
Consumer Fraud ,
Dietary Supplements ,
Dismissals ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
FRCP 12(b)(3) ,
Life Sciences ,
Manufacturers ,
Medical Devices ,
New York ,
Pharmaceutical Industry ,
Preemption ,
Premarket Approval Applications ,
Public Health ,
Strict Product Liability ,
World Health Organization
The New York State Comprehensive Insurance Disclosure Act is now in effect. The Act amends CPLR 3101(f), governing disclosure of insurance policy information by defendants and similarly situated parties such as third-party...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
From contraceptives to mesh implants, shampoos to pasta, New York state and federal courts issued decisions in 2020 which further shaped the landscape in the medical and life sciences legal world. To prepare the best product...more
1/29/2021
/ Bayer ,
Contraceptives ,
Design Defects ,
Failure to Report ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Medical Devices ,
Merck ,
Mirena IUD ,
New York ,
Pfizer ,
Summary Judgment ,
Teva Pharmaceuticals ,
Transvaginal Mesh
Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the default of the appealing party for its failure to oppose a motion in two different...more
The First Department has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specific instance in medical malpractice cases in Guido v. Fielding, 190 A.D.3d 49 (2020)....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
In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting the Tolkoff and Onyenwe cases shows how the Court distinguishes between a violation of...more
The Second Department of the Appellate Division, New York State Supreme Court, has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specific instance in medical...more
MemoryGel silicone breast implants are Class III medical devices, approved by the FDA through the premarket approval (PMA) process in 2006. Premarket approval was a federal requirement imposed on the device. Plaintiff sued in...more