Legal Research

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Free With Registration: Toxic Torts
Wednesday, January 7, 2009
By Philip E. Karmel

" Philip E. Karmel, a partner at Bryan Cave LLP, writes: In 1998, the Court of Appeals, emphasizing the need for a 'bright line accrual rule,' appeared to hold that a property damage claim arising from hazardous substance contamination accrues upon the property owner's discovery that the toxic substance at issue has come into contact with its property, even if the human health risk from the substance is not known at that time and does not occur until years later. Notwithstanding the seeming clarity of this decision, the lower courts have established separate accrual dates for different types of damage to property arising from the same toxic substance, on the theory that each type of damage is separately actionable on its own time schedule. "

Tax Appeals Tribunal
Wednesday, January 7, 2009
By Joseph Lipari and Debra Silverman Herman

"Joseph Lipari, a partner at Roberts & Holland, and Debra Silverman Herman, of counsel at the firm, review the Executive Budget for New York State for 2009-10. Facing "the greatest economic and fiscal challenge" since the Great Depression, the bill proposes several important amendments to the tax law that primarily affect individual taxpayers. Many of the proposals extend New York's sales and use taxes to essential items, such as clothing, beverages, transportation and personal services, as well as to entertainment products (including movies and downloadable music), cable and satellite television and other luxury goods."

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U.N.'s New Compensation Treaty: Should United States Ratify It?
Wednesday, January 7, 2009
By David T. Maloof

"David T. Maloof, senior partner at Maloof Browne & Eagan, writes that it is widely hoped that the passage of the 'Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea,' recently adopted by the U.N. General Assembly, will at a minimum act as a wake up call and stimulate the U.S. Congress to update its own shipping compensation statute, which, at over 70 years old, has been widely criticized for its inability to account for modern developments and still applies the outdated $500 per-package limitation. "