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Court of Appeals Decision Leads to More Stringent Analysis of Proof to Establish Causation in Asbestos Litigation

Tuesday, August 2nd, 2022

In  Nemeth v. Whittaker, Clark, & Daniels, Inc., the New York Court of Appeals overturned a $15 million asbestos verdict, finding plaintiff’s trial proof on causation was insufficient as a matter of law.  This decision took a more stringent approach to assessing the requirements of experts in establishing specific causation between alleged asbestos exposure and the cancer diagnosis.  The First Department recently followed suit in a series of cases, including the vacatur of what was initially a $325 million jury verdict.  No longer will conclusory assertions of experts linking asbestos to mesothelioma and lung cancer provide sufficient proof on specific causation for individual products and exposures.

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New York Civil Practice Update: Part 2- Understanding the Additional Changes to the New Uniform Civil Rules for the New York Trial Courts Pursuant to Administrative Order 141/2022, Effective July 1, 2022

Wednesday, July 6th, 2022

On February 1, 2021, substantial changes in the form of 29 revisions to the Uniform Civil Rules (22 NYCRR 202.1 et seq.) went into effect.  These new rules were designed to promote judicial efficiency (e.g., moving cases to resolution, cooperation of counsel to avoid unnecessary court intervention, and cleaner paper submissions) and can be broken down into three general categories: (1) Conduct of Counsel/Interaction with the Courts, (2) Motion and Trial Papers/Type and Content, and (3) Discovery Rules and Limitations.

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Katherine Fleming Featured in Buffalo Law Review

Friday, June 24th, 2022

Insurance Coverage Associate Katherine A. Fleming’s Comment was published in the April 2022 edition of the Buffalo Law Review. 

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Eric Boron Featured in The Brief – A Publication of the American Bar Association

Tuesday, June 7th, 2022

Insurance Coverage and Litigation attorney Eric Boron's article, "Tips for Conducting Virtual Depositions," was published in the Spring 2022 edition of The Brief this week.  

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Four Hurwitz & Fine Attorneys Featured in Harmonie Group's 2021 Significant Cases Publication

Friday, April 1st, 2022

Hurwitz & Fine had three victories and four attorneys published in The Harmonie’s Group's annual significant cases publication for 2021.

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NYSBA: "Redefining ‘Family’: Emotional Damages and the Grieving Families Act"

Wednesday, March 9th, 2022

Hurwitz & Fine's Chris Potenza and Alice Trueman were recently published in the New York State Bar Association's News Center for their analysis on the expansion of damages in cases of emotional pain and anguish in wrongful death suits.

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Amended Version of the New York Comprehensive Insurance Act (CIDA) Signed into Law

Friday, February 25th, 2022

The amended version of the New York Comprehensive Insurance Act (CIDA) has now been signed into law, known as Chapter 136 of the Laws of 2022.  It amends CIDA as adopted on December 31, 2021, Chapter 832 of the Laws of 2021.  While the amendments take out some of the sting of CIDA, as first adopted, it still has some significant obligations placed on defense counsel, with the participation of liability insurers.

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Legislature’s Expansion of New York’s “Party Admission” Exception to the Rule Against Hearsay will have Adverse Consequences for Employers

Tuesday, January 25th, 2022

The New York State Legislature recently expanded the “party admission” exception to the rule against hearsay to permit the admission of adverse statements of any employee if the statement was made about a matter within the scope of employment and made during the existence of the employment relationship.  Litigation attorney Nicholas J. Heintzman advises that employers carefully structure their accident response measures to mitigate the impact of this new rule.

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Required Disclosures Under the New Comprehensive Insurance Disclosure Act

Thursday, January 13th, 2022

Hurwitz & Fine Insurance Coverage Attorneys Dan Kohane and Ryan Maxwell are closely monitoring the new Comprehensive Insurance Disclosure Act (“CIDA”), which took effect on December 31, 2021. They have assembled a helpful, one-page summary of these disclosure requirements, available for download.

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Clickbait: A Refresh on Social Media Discovery

Friday, December 17th, 2021

With social media being a dominant force in our lives today, that desire for likes and followers can have a drastically negative impact on a plaintiff’s claim.  Our Long Island attorney Jesse Siegel provides some guidance on how to maximize social media discovery in defending your claim.

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New York Court of Appeals Holds that Foreign Corporation's Designation of an Agent for Service of Process is not Consent to General Jurisdiction.

Thursday, November 11th, 2021

On October 7, 2021, the New York Court of Appeals addressed the issue of whether a foreign corporation consents to general jurisdiction by registering to do business in the State of New York and designating a local agent for service of process as required by Article 13 of the NY Business Corporation Law in order to be authorized to transact business in the state. Litigation associate Cara M. Pascarella advises.

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Christopher Potenza & Nicholas Heintzman Published in Canadian Defence Lawyers Newsletter

Friday, July 23rd, 2021

Litigators Christopher Potenza and Nicholas J. Heintzman were published in the May 2021 issue of Hearsay, a monthly e-newsletter published by the Canadian Defence Lawyers.

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End of State of Emergency and Impact on Remote Notarizations

Thursday, June 24th, 2021

Governor Cuomo announced yesterday that New York’s COVID state of emergency, in place since March 7, 2020, has expired as of today, June 24, 2021.  What this means in terms of remote notarization of documents is unclear as the Governor had issued Executive Order 202.7 providing for remote notarization of documents, which had been extended through and including July 5, 2021.  In essence, we have conflicting guidelines as to how to treat this issue. 

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A Tune-up on Automobile Claims in New York

Wednesday, May 12th, 2021

Attorney Brian M. Webb provides a short Automobile Liability primer, which highlights several of the key issues to keep in mind when analyzing motor vehicle claims that are venued in New York State.

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So, We’re Settled, Right?

Wednesday, May 5th, 2021

Litigation Attorney Eric Andrew discusses the practical hazards of negotiating and effectuating settlements in the age of COVID.

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Five Hurwitz & Fine Attorneys Featured in Harmonie Group's 2020 Significant Cases Publication

Sunday, April 4th, 2021

Hurwitz & Fine had three victories and five attorneys published in The Harmonie’s Group's annual significant cases publication for 2020.

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Discovery of Personal Injury Loans and Litigation Financing Under the “American Rule” in Non-Loser Pay Jurisdictions

Tuesday, March 23rd, 2021

The United States, for the most part, stands alone in the world of civil litigation by not following the “English Rule” that the party who loses in court pays the other party’s legal costs. The “American Rule” is that the prevailing party in most litigation across the United States is unable to recover attorneys’ fees or significant litigation costs, although some specific types of claims have statutory provisions for attorneys’ fees, or parties may otherwise provide for attorneys’ fees through contract. Rather than attorneys’ fees, the prevailing party is usually able to recover statutory “costs” or “fees” from their opponent, and while such awards vary between individual states and federal courts, they are typically nominal. 

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Construction Managers, Are You Exposing Yourselves to Labor Law Liability?

Wednesday, February 3rd, 2021

Labor Law attorney Timothy Welch offers insight into the potential Labor Law pitfalls for construction managers.

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New York Civil Practice Update: Understanding Administrative Order 270.20 and the Substantive Changes to the Uniform Civil Rules for the New York Trial Courts

Tuesday, January 26th, 2021

Beginning February 1, 2021, many substantive and notable revisions to the Uniform Civil Rules for the New York Supreme and County Courts will take effect pursuant to Administrative Order 270/20 issued by Hon. Lawrence K. Marks, Chief Administrative Judge of the Courts. The order contains 29 additions and revisions that borrow heavily from both the Rules of the Commercial Division of the Supreme Court as well and the Federal Rules of Civil Procedure.

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Contractual Indemnification in Labor Law §§ 240(1) and 200 Cases and the Different Applications Between Construction Contracts and Leases

Wednesday, January 6th, 2021

This primer discusses the General Obligations Law §§ 5-322.1 and 5-321 in the context of contractual indemnification claims involving Labor Law §§ 240(1) and 200 cases.  

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