Recent Blog Posts
Update to Toxic Substances Control Act Will Change How the EPA Regulates Chemicals
After forty years without an update, the Toxic Substances Control Act (TSCA) has recently been updated by Congress. The amended laws, passed under the Frank Lautenberg Chemical Safety for the 21st Century Act, will vastly expand the powers of the Environmental Protection Agency (EPA) to regulate chemical production in the US. The list of… Read More »
Court of Appeals Reaffirms Storm in Progress Doctrine
In a recent opinion issued by New York’s highest court, the Court of Appeals reaffirmed that property owners will not be held liable for slip-and-fall injuries that occur during a storm. The court affirmed the Appellate Division’s decision denying damages for injuries received during an ice storm in Newburgh. In Sherman v. New York… Read More »
Law Offices of Richard A. Fogel Succeeds on Defense of Breach of Warranty Claim
Limited warranties are designed to protect customers from losing money on obviously-defective products, ensuring that they are able to recuperate the costs of repairing or replacing an item that never served its intended purpose. However, as is indicated by the name, limited warranties are not intended to offer a refund to the customer under… Read More »
Recent Victory in New York Supreme Court on Battle over Inherited Property
The Law Offices of Richard A. Fogel recently scored a victory for the fifty percent heir of a parcel of property in Nassau County who was in a stalemate with his fellow fifty percent heir, his sister. The property will now be partitioned and sold by a referee appointed by the Supreme Court. The… Read More »
Experts Barred from Testifying at Trial By Court of Appeals in Toxic Tort Case
In a recent gasoline vapor toxic tort decision from the Court of Appeals, New York State’s highest court, two experts were barred from testifying at trial when they didn’t rely on generally accepted principles and methodologies in forming their expert opinions as mandated under New York law which follows Frye v. United States, 293… Read More »
Tenants Succeed in Reversing Summary Judgment for Landlord in Lead Paint Case Brought as Adults for Claimed Injuries as Children
New York toxic tort lawyer Richard A. Fogel reports on case where summary judgment for landlord in lead paint case was reversed.
Landlord Sues Tenant for Allowing Rampant Bedbug Infestation
Long Island landlord attorney Richard A. Fogel reports on lawsuit filed by owner against tenant who refuses to do his part to remediate bedbug infestation.
Insurer Found to Have Timely Disclaimed Coverage Where Based Upon a Policy Limitation, Rather than a Policy Exclusion
New York insurance defense attorney Richard A. Fogel discusses case where court held insurer timely disclaimed coverage based on policy limitation.
Self-Serving Testimony Enough to Defeat Summary Judgment for Landlord on Notice Grounds in Lead Paint Case
New York landlord defense attorney Richard A. Fogel comments on lead paint case where plaintiff’s self-serving testimony defeats summary judgment motion.
Trial Set to Begin Against Pizza Oven Manufacturer on Asbestos Claim
New York toxic tort & insurance defense attorney Richard A. Fogel discusses a couple of asbestos exposure cases working their way through the courts.
