Update on Ashland Management Dispute with Former Employees

Posted on May 12, 2010 by Grace Healy

The NY Court of Appeals apparently declined an opportunity to clarify the law regarding restrictive employment covenants when it issued a memo opinion in Ashland Management, Inc. v. Altair Investments NA.  A blog post in January 2009 discussed the two differing views of the dispute in the Appellate Division decision and dissent, and the many issues presented by the dispute.  The Court of Appeals issued an approximately one-half page memorandum opinion that -- to my mind -- was drafted to insure that neither it nor the Appellate Division decision was never cited as authority for anything.

 

 

Tags: ,

NY Ct of Appeals Reaffirms that Manufacturer Has Post-Sale Duty to Warn, Not Recall

Posted on May 11, 2010 by Grace Healy

In Adams v Genie Industries, Inc., decided today, the Court of Appeals ruled that a manufacturer has a post-sale duty to warn of risks discovered after the sale of a product; the manufacturer does not have a duty to recall or retrofit the product.    The case arose from the tipping over of a personnel lift manufactured by defendant. The accident occurred approximately 11 years after the lift was sold to the plaintiff’s employer.

The case also discusses when a party may appeal after it has stipulated an additur or remittitur. Any information about when an order may be appealed is always welcome.

 

 

Tags: , , , , ,