Litigation

Mold-related personal injury claims have mushroomed in recent years, fueled in large part by the media and plaintiffs' lawyers who see mold as 'the next asbestos.' Many of these claims have been brought against cooperatives, condominiums and landlords by residents claiming that their health has been adversely affected by the presence of mold in their apartments. The science regarding causation is inconclusive, however, and New York courts have not weighed in on the matter until recently.

As we all know, New York same-sex couples are not allowed to marry in this state, as confirmed by our Court of Appeals in July in the case of Hernandez v. Robles, New York's Constitution does not prohibit the limitation of marriage rights to opposite-sex couples. This does not close the book on all issues surrounding same-sex unions, however, because increased recognition of gay and lesbian rights in other states may have an impact on future cases in New York's courts.

The latest happenings in this important area.

In recent years, numerous professional medical associations, such as the American College of Obstetrics and Gynecology (ACOG), the American Association of Neurological Surgeons (AANS), the American Medical Association (AMA), and many others have taken on the 'hired gun' experts by promulgating expert witness guidelines and oaths of affirmation intended to self-regulate medical expert testimony in the courtroom. The guidelines and affirmations are typically part of larger professional conduct programs meant to improve the quality of expert witness testimony and increase the probability of equitable outcomes. American Academy of Pediatrics, Guidelines for Expert Witness Testimony in Medical Malpractice Litigation.

The latest rulings for your review.

Key rulings of interest to you and your practice.

Because of the statutory constraints the U. S. Fish and Wildlife Service (FWS) faced and the unique characteristics of vernal pools and the species that inhabit them, the FWS appropriately made a critical habitat designation in a manner consistent with the scientific evidence available, although it did not designate which protected areas were occupied or unoccupied by the endangered species.

Expert analysis of key cases.