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Monthly Archives: September 2017

RI Superior Court Finds Implied Private Cause of Action Within the State’s Medical Marijuana Law for Adverse Action Taken Against Qualifying Patients & Recognizes that the RICRA Provides Similar Protections for Qualifying Patients Faced with Workplace Discrimination

Posted in Employment Litigation, Litigation Trends, Massachusetts Courts, Rhode Island Courts

This article is Part Three of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series.   A few months before the Barbuto opinion, see Parts 1 and 2, a Rhode Island court issued a summary judgment ruling making it easier for employees to claim… Continue Reading

Texas Court of Appeals Upholds Jury’s Finding of Gross Negligence While Correcting The Trial Court’s Calculation of Exemplary Damages

Posted in Asbestos Litigation

Recently, the Texas Court of Appeals (1) upheld a jury’s finding of gross negligence and (2) explained how a trial court should calculate exemplary damages under Texas law, in The Goodyear Tire & Rubber Company, v. Vicki Lynn Rogers, et al., No. 05-15-00001-CV, 2017 WL 3776837 (Tex. App. Sep. 13, 2017).  In this case, the… Continue Reading

Supreme Judicial Court’s Decision in Barbuto vs. Advantage Sales & Marketing LLC and Another is Contrary to Federal Law, Marks Significant Departure from Rulings in Other States

Posted in California Courts, Employment Litigation, Litigation Trends, Massachusetts Courts

This article is Part Two of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series. Read Part One here. The Supreme Judicial Court’s ruling in Barbuto marks a significant departure from case law arising under the medical marijuana laws of other states, and in particular,… Continue Reading

Product Liability: California’s Consumer Expectation and Risk Benefit Test Applied in the Same Case

Posted in California Courts, Litigation Trends, Products Liability, Uncategorized

Defendant The Raymond Co. saw its summary judgment victory overturned by California’s 4th District Court of Appeal in a surprising turn of events in its ongoing product liability case in San Diego Superior Court. In its July 2017 decision, the 4th District held that The Raymond Co. failed to meet its burden to show that… Continue Reading

Ogletree, Deakins & Nash Attorneys Get Smoked by Supreme Judicial Court of MA: Employer’s Termination of Employee For Failing Drug Test for Use of Medical Marijuana States a Claim for Workplace Discrimination

Posted in Employment Litigation, Litigation Trends, Massachusetts Courts

This article is Part One of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series   In Cristina Barbuto vs. Advantage Sales and Marketing, LLC, & another, SJC-12226 (July 17, 2017), slip opinion[1], the Supreme Judicial Court of the Commonwealth of Massachusetts was… Continue Reading

The Cumulative Exposure Theory is no Different from the “Each and Every Exposure” Theory

Posted in Asbestos Litigation, Litigation Trends, Uncategorized

On August 31, 2017 the United States Court of Appeals for the Seventh Circuit affirmed the United States District Court for the Northern District of Illinois, Eastern Division’s decision in Charles Krik v. Exxon Mobil Corporation, et al. excluding the testimony of plaintiff’s expert Dr. Arthur Frank. Dr. Frank’s theory was based on a premise… Continue Reading