News & Publications

New York State Law Digest

The New York State Law Digest publishes significant procedural developments, whether they come from important decisions of the Court of Appeals or other New York state (or federal) courts, statutory or rule amendments or particular local practice issues. The Law Digest keeps NYSBA members updated on issues that impact their everyday practices of law. Edited by David L. Ferstendig, the Law Digest is published monthly and distributed to members free of charge, as a benefit of membership.

View the current issue here.

FEATURED CASE
Split Court of Appeals Rules Defendants Did Not Demonstrate Effectiveness of 1997 Release as a Matter of Law

Dissent Complains That Majority Effectively Renders All Releases Executed by Seamen Unenforceable
In Matter of New York City Asbestos Litig., 2019 N.Y. Slip Op. 01259 (February 21, 2019), Mr. South (together with hundreds of other plaintiffs) had previously sued Texaco (together with 115 other defendants), back in 1997, in the District Court in Ohio. He alleged then that he had sustained injuries as a result of his 1950s exposure to asbestos when he was a merchant marine working on ships owned by Texaco. Shortly after Texaco was served, a settlement was reached, in which Mr. South claims to have received $1,750.
A judgment of dismissal with prejudice was entered, and Mr. South executed a release, giving up the right to bring an action “for any new or different diagnosis that may be made about Claimant’s condition as a result of exposure t any product.” At that time, Mr. South was suffering from a nonmalignant pulmonary disease. Read more here.

The archives of the Law Digest are restricted to NYSBA members only. You will need to log-in to view them. They can be accessed here.

ABOUT THE NEW YORK STATE LAW DIGEST

Virtually all state court practitioners, no matter their particular specialties, have one thing in common: they have to navigate the vagaries of state practice and procedure. The New York State Law Digest publishes significant procedural developments, whether they come from important decisions of the Court of Appeals or other New York state (or federal) courts, statutory or rule amendments or particular local practice issues. The Law Digest keeps NYSBA members updated on issues that impact their everyday practices of law. Edited by David L. Ferstendig, the Law Digest is published monthly and distributed to members free of charge, as a benefit of membership.

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The New York State Law Digest  is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved. ISSN 2379-1225 (print) ISSN 0028-7636 (online)

DYNAMIC, ELECTRONIC VERSION OF THE NEW YORK STATE LAW DIGEST 

For NYSBA members only! This electronic version of the NYSBA Law Digest allows the user to easily navigate through the Law Digest and includes the ability to access live links and to search past issues. It can be accessed at www.nysba.org/NYSBALawDigest. Members will need to log in to the NYSBA website. If you need login help, please call our Member Resource Center at 800-582-2452, or contact the Member Resource Center by email at mrc@nysba.org.