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Latest from Wilson, Elser, Moskowitz, Edelman & Dicker LLP

Product Liability Advocate

NY State May Soon Increase Recoverable Wrongful Death Damages

By Rosario M. Vignali on June 12, 2019

Two bills currently wending their way through the New York State Assembly and Senate, if enacted, would significantly increase the nature and amount of damages that could be awarded to plaintiffs in wrongful death actions filed in New York.…

Product Liability Advocate

The Daubert Standard Once Again Controls in Florida State Court

By Sean McDonough & Angela M. Duerden on June 5, 2019

In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019, the Supreme Court of Florida ruled that Daubert – not Frye – now governs the admissibility of expert testimony in Florida. See In re Amendments to the Florida Evidence Code, No. SC19-107, May 23, 2019.…

Product Liability Advocate

The NY Court of Appeals Addresses “Optional Safety Equipment” in Fasolas v. Bobcat of N.Y., Inc.

By Richard H. Rubenstein on May 29, 2019

In products liability litigation, the question of whether a product was defectively designed because the manufacturer decided to make certain safety equipment “optional” instead of “standard” is an issue that arises often in cases involving heavy equipment and machinery or commercial vehicles.…

Professional Liability Advocate

Is the Doctor In? Medical Malpractice Issues in the Age of Telemedicine

By Bonnie Ackerman on April 16, 2019

With increased reliance on telemedicine, many physicians question whether the elimination of in-office, face-to-face patient encounters increases their potential medical practice liability risks. Approximately 90% of health care organizations use or plan to implement telehealth platforms. In states permitting telehealth, 95% of large employers offered telehealth to employees for minor, non-urgent services in 2018.…

Product Liability Advocate

From the Perspective of the Bench: Discovery Cooperation & Proportionality in Complex Products Litigation

By Daniel M. Braude on February 11, 2019

Last week I had the honor of moderating the main-stage judges’ panel at the DRI Product Liability Conference in Austin, Texas. I was joined by three distinguished members of the Federal judiciary:…

Product Liability Advocate

Self-Driving Cars Will Likely Increase Product Liability Litigation

By Tiffany Gruenberg on January 22, 2019

Supporters of autonomous vehicles, or self-driving cars, often claim they will make our roads safer by removing human error from the driving equation. However, critics of this new technology argue that the complexity of these machines will increase the potential for product defects to occur, which may mitigate some of the safety benefits derived from taking the potential for human error out of the act of driving a vehicle.…

Product Liability Advocate

Internet-of-Things Security Standards: Will States Follow California’s Lead or Look Across the Pond for Further Guidance?

By H. Michael O'Brien on December 11, 2018

In September 2018, California passed SB-327, the first Internet of Things (IoT) security law addressing growing concerns over cybersecurity for the burgeoning market of consumer IoT devices.…

Product Liability Advocate

As Electric Scooters Barrel Their Way into the Sharing Economy, Manufacturers and Their Insurers Should Prepare for an Influx of New Claims

By Michael P. Manfredi on November 27, 2018

Electric scooters and the shared economy If you have spent any time in Los Angeles or New York City recently, you may have noticed adults riding two-wheeled electric scooters − the type we are more accustomed to seeing kids ride. These scooters are the latest transportation tools in the ever-evolving sharing economy.…

Product Liability Advocate

What’s up on Prop 65 three months after new regulations?

By E. Paul Dougherty Jr. on November 15, 2018

By now, followers of California’s Proposition 65 are well aware of the August 30, 2018, changes. In a nutshell, they are: Changes to warnings that require inclusion of a specific chemical and potential harmful result of either cancer and/or birth defect Required website warnings Mandatory pictograph and required font size The burden is shifted from retailers to manufacturers Annual renewal and review.…

Professional Liability Advocate

You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation

By Bonnie Ackerman on November 6, 2018

Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong. Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead without acknowledgement. A patient’s decision to file a malpractice action may be triggered by the physician’s response to a problem − or lack thereof. The Washington Post highlighted contrasting tales of medical errors in which two patients suffered devastating consequences during surgery. Frustrated by…

Wilson, Elser, Moskowitz, Edelman & Dicker LLP

Wilson, Elser, Moskowitz, Edelman & Dicker LLP Blogs

Blog Authors

NY State May Soon Increase Recoverable Wrongful Death Damages

The Daubert Standard Once Again Controls in Florida State Court

The NY Court of Appeals Addresses “Optional Safety Equipment” in Fasolas v. Bobcat of N.Y., Inc.

Is the Doctor In? Medical Malpractice Issues in the Age of Telemedicine

From the Perspective of the Bench: Discovery Cooperation & Proportionality in Complex Products Litigation

Self-Driving Cars Will Likely Increase Product Liability Litigation

Internet-of-Things Security Standards: Will States Follow California’s Lead or Look Across the Pond for Further Guidance?

As Electric Scooters Barrel Their Way into the Sharing Economy, Manufacturers and Their Insurers Should Prepare for an Influx of New Claims

What’s up on Prop 65 three months after new regulations?

You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation

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