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Kenneth R. Costa

Posts by Kenneth R. Costa

A Holiday Greeting: From Your Lawyer

Posted in Uncategorized

It’s Christmas time here in Boston again, and with it comes several holiday traditions and Yule tidings for all to share, including we as attorneys.  In lieu of sending a holiday card to all my friends, clients, and fellow colleagues, I came up with the following e-greeting I would like to share with you, the… Continue Reading

“Fantasy” Sports Litigation: Bold Predictions Surrounding America’s Second-Favorite Pastime

Posted in Litigation Trends

Over the course of the last 5 years, I have slowly but surely become engulfed, addicted, and borderline obsessed with this time of year, all thanks to football.  However, unlike many Pats or Giants fans, it’s not because I am anxiously waiting to see “Doctor” Brady go to work on Sunday afternoon and pick apart… Continue Reading

UPDATE: POM Down, Far From Out! POM’s New Advertising Campaign Strikes Back at the FTC

Posted in Litigation Trends, Products Liability, Uncategorized

As we reported last week, Federal Trade Commission (“FTC”) Chief Administrative Law Judge D. Michael Chappell sided with the FTC when he found that POM’s marketing campaign – the one that reminded us of the alleged “wonderful” capability of pomegranate juice to treat, prevent, or reduce the risk of certain medical conditions – was in… Continue Reading

POM Wonderful? Not so much. The Better Business Bureau Inadvertently Fuels Class Action Lawsuits

Posted in Litigation Trends, Products Liability

Class action lawsuits against major consumer product companies are on the rise thanks, in large part, to the Better Business Bureau’s National Advertising Division (“NAD”). The NAD assists in the advertising industry’s self-regulatory efforts to ensure truth and accuracy in advertising by providing guidance to industry in an effort to ensure that consumers can rely on… Continue Reading

SOPA/PIPA Update: Congress To Suspend SOPA

Posted in Litigation Trends

Co-authored by Brian Gross  Earlier today we published an article discussing the SOPA Blackout and outlining the major considerations and impact of both SOPA and PIPA. We have just learned that House Judiciary Committee Chairman Lamar Smith, (R-Texas) has issued a press release announcing the Senate’s decision to postpone consideration of this legislation until there is a… Continue Reading

The Average User’s Guide To SOPA & PIPA: Kim Kardashian, Doodles and Why You Should Care

Posted in IP Litigation, Litigation Trends

Co-authored by Brian Gross  If you’re like me (and 375 million others), then you use Google as your primary search engine, and like most Google users, we are accustomed to seeing the occasional “Doodle” in place of the familiar Google logo. In case you didn’t know, Doodles are the spontaneous and fun changes that Google makes… Continue Reading

Pennsylvania Supreme Court to Rule on Whether “Every Breath You Take” Theory Holds Water in Asbestos Litigation

Posted in Asbestos Litigation, Litigation Trends

Co-authored by Brian Gross The health hazards associated with asbestos have been documented, at least to some degree, for many years.  Yet the litigation of asbestos injury claims is as robust and contentious as ever. Why? Well, much of it stems from the fact that there is controversy in the medical and scientific community as to… Continue Reading

Congress Taking a Closer Look into Alleged “Double-Dipping” by Asbestos Claimants

Posted in Asbestos Litigation

Co-authored by Brian Gross Chances are, if you watch television, you’ve seen them – commercials in which attorneys promise financial compensation for those who have been diagnosed with an asbestos-related disease.  In their efforts to fulfill these promises, plaintiffs’ attorneys can pursue claims not only against solvent companies through the court system, but can also pursue… Continue Reading

Tort Reform Law And The Controversial “Losers Pay” Provision; A Game Changer For Asbestos Litigation?

Posted in Asbestos Litigation, Toxic Tort

Co-authored by Brian Gross The Texas legislature recently enacted a major tort reform law which would make the losing party pay the opposing party’s “costs and reasonable and necessary attorney’s fees.”  In its true form, this rule, also known as the “English Rule,” requires that a losing party in litigation pay the fees and the costs… Continue Reading