Jeff Koons Defends Copyright Infringement of a Sculptural Work, Claiming “Useful Article” Defense and Fair Use
In 2021, set designer Michael Hayden sued appropriation artist Jeff Koons for copyright infringement arising out of Koons’s use of Hayden’s 1988 sculpture in
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New York Amends the New Insurance Disclosure Requirements
On this site, we previously reported about the comprehensive rule changes made in New York to a defendant’s obligation to provide disclosure regarding available insurance coverage. We also covered the immediate calls for amendments to these new insurance disclosure requirements…
New York Enacts New Rule of Evidence Expanding the Scope of the Admissibility of Employee-Agent Hearsay Statements
Among the bills signed by New York Governor Hochul at the close of 2021 – and in addition to the bill that significantly changed New York’s insurance disclosure requirements that was the focus of our previous posts, “Amendments to…
Amendments to New York’s Onerous New Insurance Disclosure Requirements May Be Imminent
In my last blog, we explored the onerous changes made by the New York State Legislature to the Defendant’s obligation to provide disclosure regarding available insurance. Entitled the Comprehensive Insurance Disclosure Act, the law made wholesale changes to CPLR…
New York Ends the Year with Onerous New Insurance Coverage Disclosure Rules for Defendants in Product Liability Litigation
On December 31, 2021, New York Governor Kathy Hochul closed the year by signing into law the Comprehensive Insurance Disclosure Act (S7052) to impose sweeping changes to the rules embodied in New York Civil Practice Law and Rules (CPLR) section…
California’s SB 447 – Increasing the Danger in One of the Country’s Most Favorable Venues for Personal Injury Plaintiffs
On October 1, 2021, California Governor Gavin Newsom signed into law SB 447, which amended California Code of Civil Procedure section 377.34 to permit wrongful death claimants in California to recover damages for decedents’ pain, suffering or disfigurement.…
Delta-9 THC Products from Hemp Are a Risk Not Worth Taking
The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace. Much has been written about new “legal” hemp products that contain intoxicating delta-8 THC, delta-10 THC…
NY’s Highest Court Issues Noteworthy Decision on the Limits of Personal Jurisdiction over Foreign Corporations
As product liability defense counsel, we of course stay up to date on significant court decisions dealing with the defense of Personal Jurisdiction. In cases where we are representing a corporation that was not sued in its home state (i.e.,…
Litigation Funding May Soon Be Addressed by New York’s Legislature
Hardly a week goes by that I don’t receive an email or other solicitation from a third-party Litigation Funding company about whether my clients would be interested in putting together a deal. I suspect I am not alone and many…
Third Circuit Sends Questions Regarding Medical Device Liability to Pennsylvania Supreme Court for Review
In Ebert v. C.R. Bard, the United States Court of Appeals for the Third Circuit determined that Pennsylvania state law is unclear on two issues of medical device liability, and sent the issues to the Pennsylvania Supreme Court for…