In the News

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…

In a recent legal decision, the Fifth Circuit Court of Appeals addressed the application of Section 5 of the Toxic Substances Control Act (TSCA) to Inhance Technologies’ long-standing fluorination process, a process deployed for over four decades. The court ruled that Section 5 does not extend to Inhance Technology, LLC’s…

New regulations from the Environmental Protection Agency and the White House will not be watering down toxic tort litigation any time soon. On April 10, 2024, the Biden-Harris administration issued a national first —a federal standard that seeks to regulate per-and polyfluoroalkyl substances (PFAS), also known as “forever chemicals”, in…

On March 11, 2024, the U.S. Department of Labor’s much anticipated rule under the Fair Labor Standards Act regarding the classification of workers as either employees or independent contractors officially came into effect. However, there are several pending lawsuits in different states seeking to prohibit the implementation of the new…

A recent update to the federal rules governing the use of expert testimony/evidence in federal court will widely impact how scientific and medical evidence is presented to juries in federal matters, including talcum powder litigation. With the change to Rule 702 of the Federal Rules of Evidence (“FRE 702”), defendants…

Introduction Asbestos litigation has become a cornerstone of the American legal landscape, spanning over four decades, and involving more than a million individual personal injury claims across state and federal courts. In 2012, a commentary titled “The Philadelphia Story: Asbestos Litigation, Bankruptcy Trusts, and Changes in Exposure Allegations from 1991-2010”…

By now, employers should be familiar with and implementing (if applicable) Minnesota’s Earned Safe and Sick Time law (“ESST”) that took effect on January 1, 2024. ESST is paid leave that an employee may use when they or a family member are sick, need to see a doctor or medical…

Effective immediately, “Limited Appearance Attorneys,” an amended rule of civil procedure, Rule 1.041 titled, takes effect. The rule provides clients with flexibility to pick and choose whether, when, and to what extent to involve appellate counsel as trial support for their chosen trial attorney. The rule will make it simpler for…

Since its implementation on December 29, 2023, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) has profoundly reshaped the cosmetics industry landscape. Now, more than three months into the enforcement of this landmark legislation, it’s clear that MoCRA has significantly expanded the FDA’s capacity to oversee and ensure the…

Finally, changes have come to Florida with regard to Tort Reform.  On March 24, 2023, Governor Ron DeSantis signed HB 837 into law. The bill took effect immediately and applies to causes of action filed thereafter. Statute of Limitations With limited exceptions, Florida Statute § 95.11 (“Limitations of Actions”) provided…

On June 15, 2020,  the U.S. Supreme Court issued its Opinion on Bostock v Georgia, Zarda v Altitude, and Stephens v R.G. & G. R. Harris Funeral Home.  The Court, in a 6 to 3 opinion, found that an employer who fires an individual merely for be­ing gay or transgender…

To Our Valued Clients, Foley & Mansfield is dedicated to protecting the health and well-being of our employees, clients, and business partners. To that end, we have converted our 16 offices to remote status. We have initiated our Business Continuance Plan which will allow us to continue to deliver legal services…

On September 16, 2019, the Minnesota Court of Appeals upheld summary judgment granted in favor of asbestos defendants based on Minnesota’s statute of limitations and corporate dissolution statutes. Palmer v. Walker Jamar Co. & Honeywell Int’l, Inc., Nos. A18-2114, A19-0155 (Minn. App. Sept. 16, 2019). Appellant Deborah Palmer challenged the…

On May 23, 2019, “[t]he Court, according to its exclusive rulemaking authority pursuant to article V, section 2(a), of the Florida Constitution, adopts chapter 2013-107, sections 1 and 2, Law of Florida (Daubert amendments), which amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida…

Employers who find themselves sued in Illinois are probably familiar with reports of recent legislative activity dedicated to changing Illinois’ Workers’ Compensation and Illinois’ Occupational Diseases laws. More important than knowing changes are coming, though, is the need for employers to be aware of how these expected changes will impact…