Headline-Grabbing Reports on Fracking Emissions Are Unlikely to Gain Traction in Courts

July 8, 2014

Methane emissions from hydraulic fracturing (“fracking“) wells have received a wave of coverage in the press recently, but plaintiffs will likely face an uphill battle in attempting to translate these headlines into legal claims. At the end of June, the Proceedings of the National Academy of Sciences published a report on the number of “casing and […]

Read the full article →

20 Ounces To Freedom: Soda Ban Ball In City Council’s Court

July 2, 2014

The highest court in New York struck down former mayor Michael Bloomberg’s so-called soda ban last week, saying the city’s health board exceeded its authority when it imposed sugary drink portion limits on the businesses it regulates. In a 4-2 decision, the Court of Appeals held that in adopting the “Sugary Drinks Portion Cap Rule,” […]

Read the full article →

Plaintiffs Shift From California To New York Courts On Food Labeling Claims

June 30, 2014

Here at the Product Liability Monitor, we have been following plaintiffs’ continuing attempts to find a viable claim against food and beverage companies for allegedly misleading and deceptive advertising on product labels.  Thus far, food and beverage companies have been largely able to avoid liability on grounds that labelling requirements fall under the FDA’s purview and the […]

Read the full article →

New York’s Highest Court Hears Arguments on Preemption of Local Fracking Bans

June 23, 2014

Back in September, I posted on New York’s highest court agreeing to take on the appeals of two related cases unanimously upholding local bans on fracking. Earlier this month, the New York Court of Appeals finally heard arguments on these two cases (a video of the oral argument can be viewed here). These two highly […]

Read the full article →

Northeastern States Push to Keep PA Fracking Waste Out

June 19, 2014

What goes down must come up: Pennsylvania’s hydraulic fracturing (“fracking“) operations produce over a billion gallons of salt- and chemical-laced wastewater per year, and all of that water has to go somewhere.  This week, Connecticut joined the growing trend of neighboring states seeking to ban the receipt, processing, storage, or disposal of fracking waste within their borders.  […]

Read the full article →