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Even a Feather Has Some Weight: Plaintiffs’ Evidentiary Burden in Jones Act Cases
A federal judge in the Southern District of New York has granted summary judgment in a Jones Act case involving multiple etiologies of Plaintiff’s injuries in favor of an oil shipping defendant. This ruling stands to have far-reaching impact in lung cancer cases when there are other viable causes of […]
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FDA’s Red No. 3 Ban Reshapes Food Safety Legal Landscape
By Dino Haloulos (As published in Law360 on January 31, 2025) The 1970s red M&Ms controversy, although centered on Red No. 2, foreshadowed the eventual decline of its relative, Red No. 3. For decades, this synthetic dye, known chemically as erythrosine, lent its bright cherry hue to countless products […]
LEARN MORECosmetics Industry Faces First Federal Testing Requirements for Talc Safety—Mandated By MoCRA, FDA to Close Regulatory Gap in Cosmetic Talc Testing
Mandated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), the U.S. Food and Drug Administration (FDA) announced a proposed rule—yet to be finalized—to establish standardized testing methodologies to detect the presence of asbestos fibers within talc used in cosmetic products. The FDA determined that the current non-regulatory methods […]
LEARN MORE Weight-Loss Drugs May Spur Next Major Mass Tort
With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety. By C. Dino Haloulos and Jarif Khan, as published in Law360, July 26, 2024 What […]
LEARN MOREWhat Employers Should Know After the Minnesota Legislature’s Latest Session
The Minnesota legislature recently wrapped up its latest session with a bevy of revised laws (and some new ones too) impacting employers. This article examines some of the biggest changes that employers should know about. Amendments to Earned Sick and Safe Time Law (“ESST”) ESST is paid leave that an […]
LEARN MOREFlorida Supreme Court Ruling Upends “Marriage Before Injury” Common Law Understanding of Spousal Recovery in Wrongful Death Cases
The Florida Supreme Court has upended a longstanding common law understanding of spousal recovery in wrongful death cases. In a recent decision, the Florida Supreme Court held that a spouse who married a decedent after the onset of the injury that caused decedent’s death is in fact a “surviving spouse” […]
LEARN MOREThermonuclear Verdicts on the Rise According to Recent Study
Marathon Strategies published a study regarding the rise in the number of “nuclear verdicts”—those with verdicts surpassing $10 million in damages—in the United States in 2023 and termed a new phrase– “thermonuclear verdicts.” The number of cases with nuclear verdicts has increased in 2023 by 27% from 2022, a 15-year […]
LEARN MOREEPA’s Final Rule to Reduce Methane and Other Pollution from Oil and Natural Gas Operations
In November 2021, pursuant to the Biden Administration’s “U.S. Methane Emissions Reduction Plan” and under the terms of the Inflation Reduction Act, the Environmental Protection Agency (“EPA”) published a proposed rule intended to mitigate climate-destabilizing pollution and protect human health by reducing greenhouse gases, including methane, and volatile organic compound […]
LEARN MORENJSC Holds That Use of Fictitious Former Price May Violate the Consumer Fraud Act But Is Not Sufficient to Establish Loss
The New Jersey Supreme Court (4-3 split decision) held on March 25, 2024, that while a retailer may violate the Consumer Fraud Act, if there is no ascertainable loss, there are no real consequences (except potentially being court ordered to cease such practices). In Robey v. SPARC Grp. LLC, (2024 […]
LEARN MORESupreme Court Decides Arbitration Exception Depends on Worker’s Role Versus Employer’s Industry
On April 12, 2024, the U.S. Supreme Court issued a unanimous decision in the Bissonnette v. Lepage Bakeries Park St., LLC case, finding that plaintiffs may qualify for an exemption from the Federal Arbitration Act (FAA) to allow their wage-and-hour suit to proceed federal court. Facts and Procedural History The […]
LEARN MOREThe Federal Trade Commission Bans Noncompete Agreements: What Employers Need to Know
UPDATE (5/7/24): The final rule has been published in the Federal Register and is effective as of September 4, 2024. You may have seen the headlines announcing that the Federal Trade Commission (FTC) is banning noncompete clauses, but what actually happened, and what does it mean for your business? On […]
LEARN MOREArtificial Intelligence Continues to Transform the Globe in a Manner Not Seen Since the Advent of the Written Word
The New York State Bar Association Task Force on Artificial Intelligence recently issued a report to the NYSBA House of Delegates regarding artificial intelligence. The report provides recommendations and guidelines regarding the legal, social, and ethical implications of artificial intelligence and generative AI on the legal profession (“AI”). The report […]
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