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Alani Golanski— e-mail client relations
Articles:
(Wth Jerry Kristal) "A Reply to James K. Toohey and Rebecca L. Matthews' Commentary: 'Liability for the Post-Sale Installation of Asbestos-Containing Replacement Parts or Installation.'"Mealey's Litigation Report: Asbestos (2011) Read full article
(With Jerry Kristal) "A Reply to James K. Toohey: 'A Response to Alani Golansky and Jerry Kristal's Reply'" Mealey's Litigation Report Asbestos Volume 25 #24 (2011) Read full article
“General Causation at a Crossroads in Toxic Tort Cases,” 108 Penn State (Dickinson) Law Review 479 (2003)
“Linguistics in Law,” 66 Albany Law Review 61 (2002)
“A ‘Time-Slice’ Approach to Tort Law’s Component Parts Problem,” 51 Depaul Law Review 401-32 (2001)
“Why Legal Scholars Get Daubert Wrong–A Contextualist Explanation of Law’s Epistemology,” 22 Whittier Law Review 653-721 (2001)
“Kahn’s Reign and Its Metaphors for Law–A Critique in the Philosophy of Legal Culture,” 27 Southern University Law Review 89-148 (2000)
“Nascent Modernity in Sherwood v. Walker–An Intertextual Proposition,” 35 Willamette Law Review 315-65 (1999)
“The Potential Products Liability of Indian Corporations Doing Business in the United States,” 1995 Madras Law Journal 1
“Judicial Scrutiny of Expert Testimony in Environmental Tort Litigation,” 9 Pace Environmental Law Review 399-474 (1992)
“Bank Merging and the Implicate Order: Northeast Bancorp v. Board of Governors,” 17 Connecticut Law Review 861-91 (1985)
Book Reviews:
Book Review: The Speculation Economy: How Finance Triumphed Over Industry (Lawrence E. Mitchell), New York Law Journal (Feb. 17, 2009).
Book Review: Business Process Outsourcing: Process, Strategies, and Contracts (John K. Halvey and Barbara Murphy Melby), New York Law Journal (Dec. 14, 2007)
Book Review: Framing Contract Law: An Economic Perspective (Victor Goldberg), New York Law Journal (June 13, 2007)
Book Review: The Common Law Tradition: A Collective Portrait of Five Legal Scholars (George W. Liebmann), New York Law Journal (Oct. 26, 2006)
Book Review: New York Contract Law, West’s New York Practice Series, Volume 28 (Glen Banks), New York Law Journal (July 26, 2006)
Book Review: David Hackett Souter: Traditional Republican on the Rehnquist Court (Tinsley E. Yarbrough), New York Law Journal (November 17, 2005)
Book Review: Rights From Wrongs: A Secular Theory of the Origins of Rights (Alan Dershowitz), New York Law Journal (February 16, 2005)
Book Review: The Cyanide Canary (Joseph Hilldorfer & Robert Dugoni), New York Law Journal (November 12, 2004)
Book Review: The Song Sparrow and the Child: Claims of Science and Humanity (Joseph Vining), New York Law Journal (July 20, 2004)
Book Review: The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism (Paul O. Carrese), New York Law Journal (August 26, 2003)
Book Review: Justice at Dachau: The Trials of an American Prosecutor (Joshua M. Greene), New York Law Journal (July 25, 2003)
Book Review: Interracial Intimacy: The Regulation of Race and Romance (Rachel F. Moran), New York Law Journal (July 26, 2002)
Book Review: Facing the Wind: A True Story of Tragedy and Reconciliation (Julie Salamon), New York Law Journal (June 5, 2001)
Book Review: From Expectation to Experience: Essays on Law and Legal Education (James Boyd White), New York Law Journal (February 22, 2000)
Book Review: The Cultural Study of Law: Reconstructing Legal Scholarship (Paul W. Kahn), New York Law Journal (June 25, 1999)
Book Review: Philosophy in the Flesh: The Embodied Mind and its Challenge to Western Thought (George Lakoff & Mark Johnson), New York Law Journal (Feb. 26, 1999)
Sampling of Cases Handled:
Atlas Turner, Inc. v. Hamilton, 530 U.S. 1244, 120 S.Ct. 2691 (2000), in multimillion dollar asbestos action, successfully opposed petition for writ of certiorari, petitioner claiming that the Second Circuit applied an incorrect standard of review in appeal concerning defense of lack of in personam jurisdiction
Worthington Corp. v. Ronsini, 529 U.S. 1019, 120 S.Ct. 1419 (2000), in multimillion dollar asbestos action, successfully opposed petition for writ of certiorari, petitioner claiming a conflict among the courts regarding the standard governing application of the government contractor defense
Consorti v. Armstrong World Indus., 518 U.S. 1031, 116 S.Ct. 2576 (1996), in multimillion dollar asbestos action, (no reported opinion) won vacation of Second Circuit ruling concerning the interplay of state and federal law in appellate review of jury verdicts for excessiveness of verdict in multi-million dollar litigation
Harris v. United States, 422 F.3d 322 (6th Cir. Sept. 2, 2005) won unanimous ruling that District Court had incorrectly dismissed plaintiff’s Bivens claims, with regard to application of Ohio savings statute, although divided Court affirmed on other grounds with respect to plaintiff’s Federal Tort Claims Act action
Caruolo v. John Crane, Inc., 226 F.3d 46 (2d Cir. Aug. 31, 2000), regarding defendant’s appeal in this multimillion dollar toxic tort action, won affirmance on issues of propriety of expert testimony, Federal Rules of Evidence 803(6), 803(16), 903(18) and 804(b)(1), state-of-the art evidence, jury instructions and choice of law ruling on the question of damages; regarding plaintiffs’ cross-appeal, won reversal of court’s choice-of-law ruling concerning prejudgment interest
In re Brooklyn Navy Yard Asbestos Litig. (Joint Eastern and Southern Dist. Asbestos Litig.), 971 F.2d 831 (2d Cir. 1992) won affirmance of multi-million dollar judgment, entered on more than sixty consolidated asbestos-related verdicts, on issues, inter alia, of (1) causation involving injuries manifesting decades after exposure, (2) the defense of intervening negligence, (3) the interpretation of New York’s General Obligations Law governing the effect of settlements on the judgment-molding process, (4) the status of certain bankrupt parties and its impact on set-off procedures, (5) the interplay between New York’s General Obligations Law and its statutory provision creating limits to and set-offs against joint liability under certain circumstances, and (6) the interplay between New York’s General Obligations Law and its Wrongful Death statute
Hamilton v. Atlas Turner, Inc., 197 F.3d 58 (2d Cir. Nov. 22, 1999) won reversal of District Court’s ruling that Canadian asbestos manufacturer had not waived its defense of lack of in personam jurisdiction by its participation before the Multidistrict Litigation Panel prior to trial
Kreppein v. Celotex Corp., 969 F.2d 1424 (2d Cir. 1992) won affirmance of judgment in asbestos toxic tort wrongful death action on issues of sufficiency of product nexus proofs and New York’s statutory scheme for apportioning liability among tortfeasors
O’Brien v. National Gypsum Co., 944 F.2d 69 (2d Cir. 1991) won affirmance of multi-million dollar judgment entered in asbestos-caused wrongful death action on issue of nature and quantum of evidence required to prove exposure to a particular manufacturer’s toxic products
Chase Manhattan Bank, N.A. v. Celotex Corp., 56 F.3d 343 (2d Cir. 1995) won reversal, in asbestos-related property damage lawsuit, of District Court’s ruling that doctrine of res judicata barred plaintiff’s action against asbestos manufacturer where plaintiff’s predecessor-in-interest abandoned lawsuit with prejudice, but where plaintiff at the time held option to purchase substantially below market value
Thorn v. IBM, Inc., 101 F.3d 70 (8th Cir. 1996) repetitive stress injury appeal involving choice of law and statute of limitations issues
Monaghan v. SZS 33 Assoc., 73 F.3d 1276 (2d Cir. 1996) won affirmance of District Court’s ruling concerning standard by which settlement is deemed binding under New York law -- in action brought by victim of violent crime committed on defendant’s premises
In re Joint Eastern & Southern District Asbestos Litig. -- Maiorana v. United States Mineral Products Co., 52 F.3d 1124 (2d Cir. 1995) won reversal of District Court ruling and reinstatement of multi-million dollar jury verdict, on issue of whether epidemiological evidence sufficiently established causal relation between asbestos exposure and colon cancer, given standard for evaluating proffered expert testimony under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993)
In re Joint Eastern & Southern District Asbestos Litig. -- Bauman v. Keene Corp., 18 F.3d 126 (2d Cir. 1994) representing consortium of mass tort plaintiffs and liaison to several law firms, won affirmance of District Court’s method of calculating setoffs for pre-verdict settlements, although Second Circuit modified method of computing the interplay between settlement amounts and prejudgment interest in wrongful death actions
In re Joint Eastern & Southern District Asbestos Litig. -- Keene Corp. v. Fiorelli, 14 F.3d 726 (2d Cir. 1993) won vacation of order issuing preliminary injunction and certifying mandatory limited-fund class of all persons with present or future asbestos claims against Keene Corporation
Bayless v. Dresser Indus., 12 F.3d 209 (5th Cir. 1993) (no reported opinion) won affirmance of judgment entered on jury verdict determining that defendant had “willfully” violated ADEA by terminating plaintiff’s employment for age discriminatory reasons, based on U.S. Supreme Court construction of “willful”
In re Joint Eastern&Southern District Asbestos Litig. -- All Brooklyn Naval Shipyard Cases, 772 F. Supp. 1380 (E.&S.D.N.Y. 1991) won a number of rulings by the Honorable Jack B. Weinstein on issues of (1) the consolidation of approximately seventy cases over three trial phases, (2) the authority of intermediate state court pronouncements under the Erie doctrine, when these conflict with United States Court of Appeals’ rulings (3) the method of calculating setoffs under New York’s General Obligations Law § 15-108, (4) the status of bankrupt parties and their impact on the judgment-molding process, (5) the interplay between New York’s General Obligations Law and its statutory provision creating limits to and set-offs against joint liability under certain circumstances, and (6) the interplay between New York’s General Obligations Law and its Wrongful Death statute
Latino Officers Ass’n N.Y. v. City of New York, 209 F.R.D. 79 (S.D.N.Y. 2002) won motion to certify the class of all Latino and African-American individuals who had been, were, or would be employed by the police department as uniformed officers, including civilians who performed the same employment functions as uniformed officers, who had been or would be subjected to discrimination on the basis of race, color or national origin in the form of a hostile work environment, disparate disciplinary treatment, and retaliation for the exercise of their rights
Appeal of the Stable Corporation, ASBCA No. 55451 (Feb 1, 2007) obtained substantial settlement on behalf of government contractor seeking reimbursements arising from Army's loss of shipment materials
Matter of United Elevator Group Company, GAO File No. B-299247 (Jan. 23, 2007) representing government contractor supplying elevator maintenance and repair services, filing protest which convinced Army to terminate competitor's award and resolicit the procurement
Matter of B&S Transport, Inc., GAO File No. B-299144 (Jan. 22, 2007) representing protester in multi-billion dollar Tire Privatization Initiative bid, protest against elimination from competitive range denied
B & S Transport, Inc. v. United States, 68 Fed. Cl. 103 (U.S. Ct. Fed. Claims Sept. 12, 2005) bringing bid protest on behalf of government contractor supplying Army with pneumatic tires, administrative record failed to establish conclusively that awardee lacked sufficient capacity to fulfill contract, or that winning bidder’s component part substitution, albeit unauthorized, would impair performance
Edmond v. International Bus. Mach. Corp., 91 N.Y.2d 949, 671 N.Y.S.2d 437 (1998) won reversal of Appellate Division ruling regarding significance of pleading aggravation of preexisting injury upon New York statute of limitation analysis
Blanco v. American Tel.&Tel. Co., 90 N.Y.2d 757, 666 N.Y.S.2d 536 (1997) won modification and remand of Appellate Division ruling, the Court of Appeals carving out a new construction of the statute of limitations in computer-related litigation
In re New York City Asbestos Litig. -- Ronsini v. Garlock, Inc., 256 A.D.2d 250, 683 N.Y.S.2d 39 (1st Dep’t 1998) won affirmances of multi-million dollar judgments in three consolidated appeals in mesothelioma asbestos cases, on product liability issues of, inter alia, (1) manufacturer’s liability for replacement parts, (2) New York’s substantial modification defense, (3) the government contractor defense, (4) apportionment of fault under New York’s statutory joint and several liability scheme, (5) claimed verdict sheets error, and (6) the sufficiency of product identification proofs when multiple entities bear similar company names
Dollas v. W.R. Grace and Co., 225 A.D.2d 319, 639 N.Y.S.2d 323 (1st Dep’t 1996) won reversal, in mass tort asbestos wrongful death action, on issues of standard for taking judicial notice, standard for evaluating testimony of a litigant, and sufficiency of product identification proofs
Aikman v. Atex, Inc., 224 A.D.2d 180, 637 N.Y.S.2d 123 (1st Dep’t 1996) won affirmance of ruling establishing innovative method for consolidating various repetititive stress injury cases for trial, involving the simultaneous impanelment of separate juries, and upholding the consolidation under the guidelines suggested by the United States Court of Appeals for the Second Circuit
In re New York County Data Entry Worker Product Liability Litig. -- Hulse v. A.B. Dick Co., 222 A.D.2d 381, 635 N.Y.S.2d 641 (1st Dep’t 1995) won affirmance of ruling granting plaintiffs’ motion for a protective order against preverdict disclosure to nonsettling defendants of materials relating to settlement agreements between plaintiffs and settling defendants
Cochrane v. Owens-Corning Fiberglas Corp., 219 A.D.2d 557, 631 N.Y.S.2d 358 (1st Dep’t 1995), in case involving former New York Giants player afflicted with asbestos-related disease, won reversal on issue of standard for evaluating moment of “discovery of injury” for purposes of New York’s toxic tort statute of limitations
Lloyd v. W.R. Grace&Co.-Conn., 215 A.D.2d 177, 626 N.Y.S.2d 147 (1st Dep’t 1995) won affirmance of trial court ruling regarding sufficiency of evidentiary showing that plaintiff was exposed to manufacturer’s toxic products several decades prior to manifestation of disease
Polokoff v. Palmer, 190 A.D.2d 897, 593 N.Y.S.2d 129 (3d Dep’t 1993) won reversal in medical malpractice action on issue concerning continuous treatment exception to statute of limitations
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Find a lawyer - Legal service professional: Alani GolanskiFind a Lawyer - Alani Golanski: Legal Service Professional
Alani Golanski
Find a lawyer - Legal service professional: Alani GolanskiFind a Lawyer - Alani Golanski: Legal Service Professional
