Governor Kathy Hochul has issued her third veto of the Grieving Families Act (S.4423), a bill that would significantly expand damages available in New York wrongful death actions. The legislation—passed repeatedly with bipartisan support—would allow recovery for...
In State Farm Fire Casualty Company v. Brownstones Coffee, Inc., et al., the Second Department of the New York Appellate Division held that insurers cannot contradict positions previously taken by their insureds in related litigation, reinforcing the importance of...
In Hood v. Kindred Hospital, the trial court issued a decision dismissing a plaintiff’s case for non-compliance with New Jersey’s affidavit of merit (“AOM”) statute, relying on Hargett v. Hamilton Park for the proposition that an AOM referring generally to the...
The Second Circuit in Ziparo v. CSX Transportation revived a retaliation lawsuit under the FRSA, finding that the trial court should have applied the lenient “contributing-factor” causation standard that the Supreme Court applied in Murray v. UBS Securities, a...
In Hood v. Kindred Hospital, the trial court issued a decision dismissing a plaintiff’s case for non-compliance with New Jersey’s affidavit of merit (“AOM”) statute, relying on Hargett v. Hamilton Park for the proposition that an AOM referring generally to the...
