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Monthly Archives: August 2014

Significant Asbestos “Take-Home Exposure” Opinion

Posted in Asbestos Litigation, Premises Liability, Products Liability, Toxic Tort

-Persuasive precedent likely as PA judge holds employer/premises owner does not owe duty to warn  On August 28, 2014, the Honorable Judge Eduardo C. Robreno, in the Multi-District Litigation for asbestos in the United States District Court for the Eastern District of Pennsylvania, issued a significant opinion in which he held that an employer and/or premises… Continue Reading

What’s in a name? That which we call a rose by any other name would smell as sweet;

Posted in Pharmaceutical and Medical Devices, Products Liability, Toxic Tort

Plaintiffs, when faced with a legal bar to traditional negligence claims, frequently try to cloak them in new theories of liability. This tactic is reminiscent of dialogue in William Shakespeare’s play Romeo and Juliet, in which Juliet argues that the names of things do not matter, only what things “are” is truly important. Trend An… Continue Reading

Will House Bill 4123 Turn Massachusetts Into a Filing Haven for Plaintiffs?

Posted in Asbestos Litigation, Environmental Litigation, Products Liability, Toxic Tort

  House Bill 4123 makes two changes to Massachusetts Superior Court procedure, both of which favor plaintiffs.  The first, addressed by Section 1 of the bill, allows plaintiffs’ attorneys to request a specific monetary amount of damages at trial.  The second, addressed by Section 2 of the bill, allows attorneys to conduct voir dire.  … Continue Reading

Discovery Costs: How Companies Can Increase Efficiency and Save Money in the Process

Posted in All Practice Areas, Products Liability, Professional Liability, Toxic Tort

Despite efforts to increase efficiency and save money, most businesses set aside substantial budgets for litigation costs. With the ever-changing landscape of litigation, discovery is usually one of the most expensive line-items. In fact, Inside Counsel points out a Gartner forecast showing, “revenue in the enterprise e-discovery software market will grow from $1.8 billion in 2014 to… Continue Reading