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26 Aug 2012, 6:14 am by Silverberg Zalantis LLP
The Court stated: "the petitioners live in close proximity to the portion of the site that is the subject of the challenged determinations, they did not need to show actual injury or special damage to establish standing (see Matter of Gernatt Asphalt Prods. v Town of Sardinia, 87 NY2d 668, 687; Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. [read post]
6 May 2016, 12:30 pm
  For other Texas (and other states’) cases applying the learned intermediary rule to prescription medical devices, see our post here.Collectively, strike one.Second, Texas’ rejection of design defect claims involving prescription medical products is also reflected in that state’s product liability statute. [read post]
15 Apr 2011, 6:02 am by Bexis
  We, of course think that's wrong under Erie - where the default should be, if a form of liability hasn't been recognized by a state court, then it should be dismissed by a federal court applying that state's law in a diversity action.ConnecticutIn Gerrity v. [read post]