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Richard A Fogel, P.C
389 Cedar Ave. Islip, NY 516.721.7161

Recent Blog Posts

A house painter in a hazmat suit scrapes off dangerous lead paint from a window sill.

New York AG Settles Lead Paint Claim With Syracuse Landlord

By Richard A. Fogel |

Lead paint lawsuits remain a significant area of liability for landlords across the State of New York. Lead paint claims can arise from individual plaintiffs, class actions, and even the state. New York Attorney General Letitia James recently announced a settlement with a landlord in upstate New York who allegedly exposed residents, including a… Read More »

Male judge with gavel and scales of justice in library

Court Holds $101M Lead Paint Abatement Order Was “Damages” Per Insurance Policy

By Richard A. Fogel |

A recent insurance coverage dispute serves as an important reminder regarding the clarity of policy terms: If there’s any ambiguity, courts will bend over backwards to find grounds to force coverage. Appellate courts across multiple jurisdictions agreed with one another that in this instance, even though the underlying liability was explicitly premised on claiming… Read More »

Mesothelioma

State High Court Sets Low Causation Standard for Asbestos Exposure, Shifts Workplace Safety Burden to Manufacturers

By Richard A. Fogel |

When a product manufacturer distributes tools to a workplace, including all appropriate warnings and safety instructions, common sense would dictate that the manufacturer’s job is done. The employer now has the product, the knowledge, and the tools necessary to use the products safely and to appropriately instruct their employees. Employers, after all, are responsible… Read More »

Commercial insurance policy on an office desk.

New York Court Elaborates on “Expected or Intended” Damages, Commercial Coverage Issues

By Richard A. Fogel |

We previously discussed an Appellate Division case touching on when and how liability insurance coverage may be excluded because the damage caused was “expected or intended” by the policyholder as opposed to “accidental.” In that case, as we explained, the court ultimately focused on subjective vs. objective intent. Following that decision, a trial court… Read More »

Judge with gavel sitting in courtroom

New York Court Holds to Narrow Interpretation of “Expected or Intended Injury” in Liability Policy

By Richard A. Fogel |

New York courts have a practice of construing policy language in a manner most favorable to policyholders where possible. A recent example illustrates the absurd results such an approach can yield. A New York appeals court recently parsed the difference between “expected or intended” injury and injury that occurs after a policyholder has been… Read More »

Chipped Leaded Paint Abstract

New York Court of Appeals Sets High Bar For Causation in Toxic Tort Cases

By Richard A. Fogel |

We’ve discussed causation and how it plays into toxic tort cases before. Causation is a complex issue, often making or breaking toxic tort cases such as those involving asbestos or lead paint. Several recent appellate court decisions have appeared to reduce the causation requirement in finding, for example, that proving at least some level… Read More »

top view of makeup cosmetics set

The Next Wave of Toxic Tort Class Actions: PFAS and Cosmetics

By Richard A. Fogel |

Toxic exposure lawsuits are nothing new. One of the most famous toxic tort cases centering around a California town’s exposure to chemicals from a nearby Pacific Gas & Electric (PG&E) plant was even turned into a Hollywood blockbuster film starring Julia Roberts. Lately, there’s been a new target for the ire of plaintiffs’ lawyers… Read More »

Cannabis SAFE Banking Act / Bill

New York Lessens CPLR 3101(f) “CIDA” Disclosure Requirements

By Richard A. Fogel |

In an earlier post, we discussed the newly-minted CPLR 3101(f) “Comprehensive Insurance Disclosure Act”. We also discussed rumors that Governor Kathy Hochul was sympathetic with sentiments that the burdens imposed by the bill were overly broad. There was talk of a less restrictive version of CPLR 3101(f) that might be in the works. Now,… Read More »

Records Concept on Folder Register.

New York Federal Court Requires Disclosure of Insurer’s Communications With Attorney Concerning Claim Investigation

By Richard A. Fogel |

It’s important to keep in mind the role of an insurance coverage defense attorney, both for the attorney and for the insurer. Your coverage defense attorney is meant to counsel you with regard to whether a particular claim has merit pursuant to the policy, aid you with the response thereto, and represent you should… Read More »

Court of Law and Justice Trial: Portrait of Beautiful Female Wit

Evidentiary Rules Committee, Possibly Supreme Court, Consider Expert Witness Standard

By Richard A. Fogel |

Expert witness testimony is an essential component of many types of litigation, from medical malpractice to insurance defense. Whether a given witness’s testimony is admitted can be the most important deciding factor in a lawsuit. Nowhere is this more true than in toxic tort cases. We’ve talked before about how an expert’s opinion on,… Read More »

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389 Cedar Ave.

Islip, NY 11751

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