In this month’s column we discuss cases addressing the sufficiency of the evidence necessary for false arrest and malicious prosecution claims to survive summary judgments and applying the Frye standard to expert testimony in a toxic tort case. We also discuss a case concerning whether the McCarran-Ferguson Act precluded application of the Federal Arbitration Act (FAA) to compel arbitration of an insurance agreement.1
Claims Reinstated
Writing for a unanimous Court of Appeals in Torres v. Jones, Judge Sheila Abdus-Salaam reinstated false arrest and malicious prosecution claims against the City of New York, the New York City Police Department and several individual police officers. Plaintiff Maria De Lourdes Torres was arrested on Nov. 9, 2002, for the September 2002 murder of Einstein Romeo Acuna. Acuna’s body had been found in front of the doorway to his Queens apartment in a pool of blood. He had been stabbed multiple times.
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