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Researcher taking samples from groundwater for environmental research.

Court Certifies Class Action Based on PFOA Exposure

By Richard A. Fogel |

For the first time, a New York Superior Court has certified a class of plaintiffs in a lawsuit based on medical monitoring and groundwater contamination related to perfluorooctanoic acid, or PFOA. Learn more about PFOA exposure and the case below. If you have further questions, contact an experienced New York toxic tort defense attorney…. Read More »

The Rules Have Changed Stop sign with puzzle maze game in background

Department of Environmental Conservation Updates Regulations on SEQR

By Richard A. Fogel |

On June 28, 2018, New York’s Department of Environmental Conservation (DEC) announced updates to regulations regarding the State Environmental Quality Review (SEQR). These changes will make a number of types of green building and retrofitting projects easier to complete, but they will also increase review requirements on certain residential development projects or projects with… Read More »

folder that reads bad faith insurance

Second Lawsuit for Assigned Bad Faith Claim Not Barred

By Richard A. Fogel |

In a recent decision issued by the New York Appellate Division’s Fourth Department, the court affirmed the right of an injured party to bring a second claim against an insurer for disclaiming coverage in bad faith after their direct action had concluded. Read on to learn more about the case, and contact a seasoned… Read More »

Benzene bottle with poison and hazard warning

CSX Faces Lawsuits from Workers Based on Benzene Poisoning

By Richard A. Fogel |

CSX, the country’s third-largest rail company, is now facing a number of lawsuits filed by or on behalf of former employees who claim that their exposure to various chemicals while working for the company caused their cancer. These claims, some of which are based on exposure beginning in the late 1960s, may face substantial… Read More »

Warning sign of chlorine gas for water plant treatment

Claim for Injuries Caused by Release of Chlorine Gas Barred by Absolute Pollution Exclusion

By Richard A. Fogel |

In a recent case before a federal judge in the Northern District of New York, an insured claimed that its insurer breached its contract for coverage under its general liability policy by failing to cover injuries received from a release of chlorine gas. The court ruled in favor of the insurer, finding that the… Read More »

construction workers building a roof of a house

New York’s Highest Court Rules on When a Party Is Considered an Additional Insured Party

By Richard A. Fogel |

The Court of Appeals, New York’s highest state court, has recently settled the question of when an agreement to classify a party as an “additional insured” under a New York liability policy will be considered enforceable. The decision could have particular significance for subcontractors, general contractors, and/or property owners who may believe they have… Read More »

red letters that read inadmissible

New York Supreme Court Finds Evidence of Examination Using Diffusion Tensor Imaging Inadmissible

By Richard A. Fogel |

A New York trial court has recently issued an opinion regarding a plaintiff’s right to use evidence of test results in court, where the means of testing is a developing technology that has not yet been widely adopted. The Suffolk County Supreme Court, relying on the standards established in Frye v. United States and… Read More »

cartoon woman pinchin her nose

Retail Tenant’s Claims for Toxic Exposure Dismissed for Failure to Show Causation

By Richard A. Fogel |

The Third Department of the New York Appellate Division (Albany) recently considered the claims of a former tenant in a shopping plaza against the property owner. The Appellate Division rejected her allegations that she suffered physical injury and loss of income due to the property’s problematic sewage system. Read on to learn more about… Read More »

Lead paint law.jpg.crdownload

New York Lead Abatement Law – Updates and Potential Changes

By Richard A. Fogel |

Despite outlawing the use of lead paint as far back as 1960, New York City has some of the highest rates of lead paint poisoning. US census data, as analyzed in a Reuters article, revealed 69 census tracts where at least 10% of children tested showed elevated lead levels. Landlords and property owners often… Read More »

Sign that reads are you covered

No Duty to Indemnify for Insurer Pursuant to Additional Insured Clause where Named Insured is not Legally Responsible for Underlying Harm

By Richard A. Fogel |

Burlington Insurance provided an insurance policy to Breaking Solutions, Inc. (BSI) for a subway tunnel excavation project. That policy included the New York City Transit Authority (NYCTA) and MTA New York City Transit (MTA) as additional insureds. BSI’s policy stated that NYCTA and MTA were entitled to coverage for property damage, bodily injury, or… Read More »

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