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D.C. Circuit Sends the EPA Back to the Drawing Board
“Our decision today should not be interpreted as a comment on the wisdom or policy merits of EPA’s Transport Rule. It is not our job to set environmental policy. Our limited but important role is to...
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Climate Change Legislation Post-Sandy
Even before Hurricane Sandy devastated the East Coast, climate change policy had been on the forefront of federal and state legislative agendas. However, the size and scope of Sandy has brought a...
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Frye Decision in BMW Case Results in Exclusion of Plaintiff's Experts
In a thoughtful decision handed down in Reeps v. BMW of North America, LLC, 2012 N.Y. Slip Op. 33030(u), on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the...
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Excluding Prejudicial Demonstrative Exhibits At Trial
Rule 403 of the Federal Rules of Evidence governs the admissibility of demonstrative evidence at trial, assuming that evidence is determined to be relevant under Rule 401. Pursuant to Rule 403, a...
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The Road to a Climate Change Legacy Runs Through the EPA
It was reported on February 20, 2013, that President Obama appears to have selected federal air regulator, Gina McCarthy, to take over for Lisa Jackson as head of the EPA. The news indicates that the...
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Student Bitten By Tick: Hotchkiss School on Hook For $41.75 Million
On March 27, 2013, a jury in federal district court in Bridgeport, Connecticut awarded Cara Munn, a 20-year-old woman who formerly attended the Hotchkiss School in Lakeville, Connecticut, $41,750,000...
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Mary Carter and Other Agreements Should Be Disclosed To Juries
As a general proposition, a defendant at trial suffers unfair prejudice when the court does not permit the jury to learn of certain facts that, if disclosed, would reveal a witness’s bias or...
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The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon
In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida’s commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium...
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When Should Data Underlying Scientific Studies Be Discoverable?
There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable...
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Research Data from Published Papers Generally Should Be Available
Mr. Ruskin’s blog post calls attention to the important problem of access to research data in litigation and other contexts. The effort to obtain Dr. Racette’s underlying data is an interesting case...
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Military's Embrace of Clean Energy Reduces Combat Casualties
The Army’s development of clean domestic energy resources strengthens national security and plays an important role in helping it to achieve its primary mission. As the world's largest consumer of...
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Environmentalists Support Fracking But with Important Reservations
It is necessary that natural gas be substituted for coal and oil as an energy source if the world is to have any chance of avoiding runaway greenhouse gas (“GHG”) emissions, particularly from the...
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Supreme Court Still Divided Over how to Interpret Express Preemption Provisions
Most of the commentary on the Supreme Court’s June 9 decision in CTS Corp. v. Waldburger has focused on the holding that CERCLA does not preempt state statutes of repose which, after a set number of...
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The Challenge of Addressing Environmental Stigma Claims
The often uncertain nature of environmental stigma claims has resulted in diverse and often confusing jurisprudence. Stigma damage claims seek recovery of damages to the reputation of the realty....
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How Do You Keep Your Edge?
Juries resolve very few cases these days. Statistics confirm that fewer civil cases are tried to verdict every year, and that only a small fraction of civil cases ever reach a jury. With litigation...
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