New York Legislature Extends Time To File Lawsuits for Toxic Exposures From Superfund Sites
The New York State Legislature has come to the aid of victims exposed to toxic substances at Superfund sites by extending the time a lawsuit can be brought, known as the Statute of Limitations. Senator Kathleen Marchione, Republican from the 43rd Senate District, introduced the bill (known as the “Hoosick Falls” bill) as a result […]
Did You Know the Most Dangerous Driving Season is Summer?
Most people think winter is the most dangerous because of the snow covered icy roads and limited visibility. Although winter driving is dangerous, according to the Department of Transportation, it is not as dangerous as summer. Driving down the road during a summer heat wave gives you that easy feeling and seems quite serene compared […]
Mom Was Right – Don’t Talk To Strangers (Especially if you have a lawsuit)!
When a new client retains any of the lawyers in the Locks Law Firm we are careful to explain to them that from that point forward, they are not to speak with anyone whatsoever about any aspect of their case and they should direct any inquiries that even seem remotely case-oriented to their attorney. A […]
What Took You So Long, America?
I was twenty years old when I first voted in a general election. It was 1990 and I was a college student studying law at University College Dublin, Ireland. Unlike in the United States, the office of the Irish President is largely ceremonial. The President is the official head of state, but executive authority is […]
The NHL Still Denies Links to CTE
Recently, United States Senator Richard Blumenthal (D-Conn.), sent a series of questions to NHL Commissioner Gary Bettman regarding the effects of concussions in hockey and the league’s position on C.T.E. Mr. Bettman’s response, 24-pages long, was filed in the US District Court in Minneapolis as part of the ongoing concussion class action case against the […]
“Don’t Boo. Vote!”
Though not specifically outlined in the United States Constitution, the right to vote was originally defined by the states and was typically a privilege only afforded to white, property-owning, Protestant men. Over time, several constitutional amendments, including the 15th, 19th, 24th and 26th Amendments, expanded the pool of eligible voters in America. Amazingly, it has […]
Discovery From Private Individuals in The United States
I had the privilege of addressing the AAJ 2016 Annual Convention in Los Angeles. I discussed the rules of discovery in the United States, with a focus on the Federal Rules of Civil Procedure and the five discrete discovery categories. See the attached for my paper and lecture. Discovery From Private Individuals In The United […]
“A Republic, Madam, If You Can Keep It!”
That was the response of Benjamin Franklin to a woman who asked him whether the newly formed United States of America was to be a republic or a monarchy. As he was leaving the last day of deliberation at the Constitutional Convention in 1787 Franklin was concerned about the future of the new nation. Like […]
Videos Are Powerful, and Police Dash Cam Videos Are Discoverable
The two killings of people stopped by police in St. Paul and Baton Rouge and then yesterday’s killing of five police officers and wounding six more in Dallas are examples of horrifying events that took place just this week around the country. One lesson from all three incidents is that videos of what happened can […]
New York Court of Appeals Rules on Manufacturer’s Duty to Warn for a Third Party Product in an Asbestos Case
New York’s highest court issued a seminal decision on June 28, 2016, upholding verdicts against Crane Co. in two mesothelioma cases where Crane Co. was found liable for the use of asbestos-containing products manufactured by third parties on its valves. See link to decision here. Mr. Ronald Dummitt was exposed to asbestos as a Navy […]
Who is Liable for Zika at the 2016 Olympic Games?
As the 2016 Olympic Games approach, they have created a heightened awareness of the Zika virus and the potential health concerns associated with it. The Zika virus, carried by mosquitoes can also be transmitted through sexual contact and is prevalent in the host country, Brazil. There currently is no vaccine, no known “cure” and it […]
Products Liability and the Adequacy of Warning
In this month’s issue (June 2016) of PAJustice News, I discuss the importance of the case Hatcher v. SCM Group North America, Inc. as it relates to the decision in Tincher vs. OmegaFlex, Inc. Specifically in the Hatcher case, the question of failure to warn would be tested and ultimately used a Mackowick analysis to […]