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Results: 1-10 of 161

Does CERCLA's "act of God" defense apply in climate change litigation

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 11 2014

In a decision issued on May 2, 2014, the Second Circuit held, in Cedar & Washington Assocs. LLC v. Port Auth. Of N.Y. & N.J, 2074 BL 123476,2d Cir

Environmental diminution of property value and the creative plaintiff valuation expert

  • Epstein Becker Green
  • -
  • USA
  • -
  • April 18 2014

When a homeowner brings a multi-count toxic tort case alleging that a corporate defendant's discharge of toxic substances from its facility

The New York City asbestos litigation just became more complicated

  • Epstein Becker Green
  • -
  • USA
  • -
  • April 14 2014

Pursuant to the Decision and Order of the Hon. Sherry Klein Heitler, dated April 8, 2014, asbestos plaintiffs for the first time since 1996 may seek

Comcast Corp. v. Behrend's impact in toxic tort litigation

  • Epstein Becker Green
  • -
  • USA
  • -
  • March 26 2014

I have written about how the U.S. Supreme Court's decision in Comcast v. Behrend has had the practical result of raising the bar for class

New draft FDA guidance on off-label uses raises concerns

  • Epstein Becker Green
  • -
  • USA
  • -
  • March 19 2014

On March 3, 2014, FDA made available for comment a revised draft of its "Guidance for Industry: Distributing Scientific and Medical Publications on

Pharmaceutical failure to warn.... On Facebook?

  • Epstein Becker Green
  • -
  • USA
  • -
  • March 13 2014

The Facebook page of Switzerland-based drug maker,IBSA Institut Biochimique S.A. ("IBSA"), appeared innocent enough: If you have just been diagnosed

Best practices for avoiding data breach liability

  • Epstein Becker Green
  • -
  • USA
  • -
  • March 10 2014

Articles concerning cyber-security and data breach typically fall into two general categories: those discussing how to prevent a data breach from

U.S. Bankruptcy Court exposes plaintiff scheme to suppress asbestos exposure evidence

  • Epstein Becker Green
  • -
  • USA
  • -
  • March 3 2014

On January 10, 2014, the Hon. George R. Hodges, United States Bankruptcy Court for the Western District of North Carolina, handed down a decision

Effective use of rhetorical question in jury summation

  • Epstein Becker Green
  • -
  • USA
  • -
  • February 26 2014

The art of persuasion comes in many forms. Recently, we wrote an article about the plaintiff bar'sembrace of Reptile theory. The Reptile theory

Preserving the attorney-client privilege for in-house counsel

  • Epstein Becker Green
  • -
  • USA
  • -
  • February 12 2014

Courts impose on corporate entities the burden of demonstrating that communications and documents shared with in-house counsel are protected by the