New York Court of Appeals Roundup: Defective Design, HIPAA, 'Brady,' and Implied Consent to Mistrial
In their monthly column in the New York Law Journal, Roy Reardon and Mary Elizabeth McGarry discuss a product liability decision in which the Court of Appeals analyzed a defendant's burden at the summary judgment stage in a defective design case, a matter arising under "Kendra's Law," in which the Court declined to adopt expansive interpretations of two exceptions to the Privacy Rule enacted pursuant to the Health Insurance Portability and Accountability Act (HIPAA), and decisions in two criminal cases. In one, the Court rejected the argument that police failure to pursue potentially exculpatory evidence in the course of an investigation constitutes a Brady violation. In the other, it upheld a finding that defense counsel, by their silence, gave implied consent to a declaration of a mistrial.