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Articles by Thomas M. DeMicco
Enbridge Energy: A 30-Day Reminder For Defense Teams
Wilson Elser Moskowitz Edelman & Dicker LLP are most popular: within Cannabis & Hemp and Real Estate and Construction topic(s) with readers working within the Insurance industries Removal decisions sit at the intersection of legal strategy, claim handling, and early case assessment. In Enbridge Energy, LP v.
Supreme Court Issues 30-Day Reminder for Defense Teams
Removal decisions sit at the intersection of legal strategy, claim handling, and early case assessment. In Enbridge Energy, LP v. Nessel, the Supreme Court gave defense teams a straightforward reminder: the 30-day deadline for removing a civil action to federal court under 28 U.S.C. § 1446(b)(1) is mandatory and cannot be equitably tolled. Enbridge was served with the Michigan Attorney General’s complaint on July 12, 2019, but did not remove within 30 days.
New York's 2026 Tort Reform: Key Changes To New York State Civil Procedure Laws With Respect To Motor Vehicle Accident Litigation
Wilson Elser Moskowitz Edelman & Dicker LLP are most popular: within Cannabis & Hemp and Transport topic(s) On May 27, 2026, Governor Kathy Hochul signed New York's 2026 state budget into law. The $268.1 billion budget includes significant tort reform provisions for New York State motor vehicle litigation. The reforms took effect immediately and apply to all motor vehicle actions commenced on or after the law’s passage, other than accidents resulting in a death or property damage. I.
Ensuring AI Accountability Through Product Liability: The EU Approach And Why American Businesses Should Care
As artificial intelligence (AI) continues to reshape industries and become integrated in everyday life, the question of how to effectively govern the risks associated with AI technologies has become an urgent legal issue. AI is increasingly integrated into products and services that consumers are interacting with – ranging from autonomous vehicles to medical devices to smart home technologies – raising significant concerns about the potential for harm.
What's in a Name Anyway? Trademark Basics for Community Associations
This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners. I. What is a Trademark? A trademark is a word, phrase, symbol, design, or any combination thereof that identifies and distinguishes the source of the goods or services of one party from the goods or services of another.
"More Likely Than Not": New Amendments To FRE 702 Demand More Exacting Standard For Admitting Expert Testimony
Product Liability trials always involve expert testimony offered to assist the jurors in those areas that require scientific or technical knowledge. In actions litigated in federal court, Federal Rule of Evidence (FRE) Rule 702 governs the admissibility of expert testimony. Rule 702 has two primary purposes, (1) to assist the trier of fact and (2) to ensure the proposed expert testimony is both reliable and relevant.
“More Likely Than Not”: New Amendments to FRE 702 Demand More Exacting Standard for Admitting Expert Testimony
Product Liability trials always involve expert testimony offered to assist the jurors in those areas that require scientific or technical knowledge. In actions litigated in federal court, Federal Rule of Evidence (FRE) Rule 702 governs the admissibility of expert testimony. Rule 702 has two primary purposes, (1) to assist the trier of fact and (2) to ensure the proposed expert testimony is both reliable and relevant.
NY's Highest Court Issues Noteworthy Decision On Limits Of Personal Jurisdiction Over Foreign Corporations
United States: NY's Highest Court Issues Noteworthy Decision On Limits Of Personal Jurisdiction Over Foreign Corporations 31 December 2021 Wilson Elser Moskowitz Edelman & Dicker LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. As product liability defense counsel, we of course stay up to date on significant court decisions dealing with the defense of Personal Jurisdiction.
NY’s Highest Court Issues Noteworthy Decision on 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., the state where it maintains its headquarters or where it was incorporated), we always consider filing a potential motion to dismiss on behalf of the foreign corporation at the outset of the case.
Medical cannabis in New York | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Medical cannabis Medical use Which medical conditions qualify for treatment with cannabis products? What other rules and restrictions govern medical use of cannabis (eg, dosage limits)? Only severe, debilitating or life-threatening conditions qualify for treatment with cannabis products.
Commercial cannabis cultivation, retail and marketing in New York | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Commercial cultivation, retail and marketing Business licensing requirements What licensing requirements apply to businesses seeking to cultivate, distribute, produce and sell cannabis products in your jurisdiction? What procedures, timeframes and fees apply in this regard, and on what grounds can a licence be revoked?
Cannabusiness in New York | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Market snapshot Trends and prospects How would you describe the current state of the cannabis industry in your jurisdiction, including areas of growth, market prospects and trends, and M&A activity? With the prospect of adult-use legislation on the horizon in 2019, New York is gearing up to become the cannabis capital of the United States.
Personal use and cultivation of cannabis in New York | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Personal use and cultivation Possession and consumption What rules and restrictions govern the personal possession and consumption of cannabis in your jurisdiction?
Financing for cannabis businesses in New York | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Financing Private What private financing options are available for cannabis businesses in your jurisdiction, and what are their respective advantages and disadvantages? While traditional banks have generally been unwilling to finance cannabis enterprises, a growing number of private equity funds are dedicated to the cannabis industry.
A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally
In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This case was granted certiorari by the Court in early December 2016. It has been briefed by both sides and is now set for argument to proceed on March 22, 2017.
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