The Massachusetts Payment of Wages Statute (the “Wage Act”) has lately received a great deal of attention from Massachusetts trial and appellate courts. Although the statute has been in place since 1993, Massachusetts employers have recently faced a marked increase in Wage Act claims, likely due to the availability of treble damages and attorneys fees. Just in the past year, Massachusetts court… Continue Reading
Michael R. Brown
The Massachusetts Wage Act: Increased Number of Claims Leads to Influx of Important Rulings
Posted in Employment Litigation, Massachusetts CourtsShed a Little Light: Congressional Hearing on Asbestos Bankruptcy Trusts Promises Much-Needed Transparency
Posted in Asbestos LitigationRecently, the Subcommittee on Courts, Commercial and Administrative Law of the U.S. House Judiciary Committee, held a hearing on an important new bill aimed at furthering transparency in asbestos bankruptcy trusts. Proponents of the controversial new bill, entitled H.R. 4369, the “Furthering Asbestos Claim Transparency Act (FACT) Act of 2012,” say that it would… Continue Reading
Increased Market for Cyber Insurance Means Litigation On the Horizon
Posted in Litigation TrendsCo-authored by Brian Gross Cyber security, the protection of an entity’s confidential and proprietary information, is becoming an increasingly important concern to companies in almost every industry. Moreover, as technology continues to grow at an exponential rate, cyber crimes and the resultant litigation continue to grow right along with it. It is no secret that businesses… Continue Reading
Forward Progress: Court Creates MDL for Lawsuits Related to Concussions Against the National Football League
Posted in Litigation Trends, MDLCo-authored by Brian Gross Just in time for the Super Bowl, the United States Judicial Panel on Multi-District Litigation (JPMDL) issued an order on January 31 which creates an MDL for the various cases filed by former National Football League (“NFL”) players against the league, in which those former players allege that the NFL acted negligently with… Continue Reading
Tobacco Companies Succeed In Blocking New FDA Labeling Restrictions
Posted in Products LiabilityCo-authored by Brian Gross Readers of this blog may recall the September 2, 2011 post in which we reported on a federal lawsuit filed by several tobacco companies in the District of Columbia. The suit challenged new tobacco labeling restrictions imposed by the FDA after passage of the 2009 Family Smoking Prevention and Tobacco Control Act. As… Continue Reading
Pennsylvania’s Third Circuit Decision on Products Liability Law Helps Manufacturers
Posted in Products LiabilityCo-authored by Brian Gross Good news for product manufacturers, as the Third Circuit Court of Appeals recently issued an opinion that could change the landscape of products liability law in Pennsylvania. See Covell v. Bell Sports, Inc. (3rd Cir. 2011). Pennsylvania had always applied strict liability to products cases, but now the Third Circuit has formally adopted the Third Restatement… Continue Reading
MDL Panel to Consider Consolidating DuPont/Imprelis Lawsuits, Possibly in Delaware
Posted in Environmental Litigation, Products LiabilityCo-authored by Brian Gross On September 27, the Judicial Panel on Multidistrict Litigation will consider a proposal to consolidate a number of recent herbicide-related lawsuits in one court. The lawsuits, currently pending in Delaware, Pennsylvania, New Jersey, Kansas, Ohio, Iowa, Indiana, Minnesota, Wisconsin, Utah, and Kansas, allege that a new herbicide, Imprelis, which is manufactured by DuPont, kills… Continue Reading
Tobacco Companies File Suit Over New FDA Labeling Restrictions
Posted in Products LiabilityCo-authored by Brian Gross Several tobacco companies have recently filed a federal court lawsuit in Washington, DC to block the implementation of new FDA-imposed labeling requirements, which the tobacco companies claim are unconstitutional. The new labeling requirements mandate that one of nine FDA approved warning labels must be affixed to cigarette packages by September 2012. The nine labels contain graphic images, such as a… Continue Reading
Brian D. Gross is a partner at Cooley Manion Jones who has extensive experience in a broad spectrum of litigation. He is also a member of several corporate defendants’ national trial teams. 
Jonathan Tabasky has defended product liability and toxic tort claims throughout New England. Jon represents an array of companies, including those that manufacture prescription drugs, protective clothing, fittings, heating devices, wire and cable, trucks, aircraft and turbines. 
Jason Cincilla is a partner at Cooley Manion Jones and the lead attorney in the firm’s Delaware office. He conducts and supervises a broad litigation practice, and he has extensive experience in all stages of litigation in many areas. 
Michael R. Brown is an associate in the Boston office of Cooley Manion Jones, where his practice focuses on commercial disputes and products liability actions. 
Carrie Lin is an associate in Cooley Manion Jones' San Francisco office. Her civil litigation practice focuses on tobacco and asbestos matters as well as the prosecution of employment class action matters. 
Eric Skelly is an associate with Cooley Manion Jones. He is a civil litigator who focuses his practice on all aspects of civil litigation including food liability matters, business and commercial disputes, products liability, and toxic torts. 
Margaret Moran is an associate with Cooley Manion Jones where her practice focuses on civil litigation, including products liability and complex torts litigation. 
Shaina Rasmussen is an associate in Cooley Manion Jones’ Products Liability and Complex Tort Defense Practice Group. Prior to joining CMJ, Shaina worked as a Direct Claims Manager and Mass Tort and Environmental Litigation attorney. 
April M. Luna is an associate in the firm’s Boston office. Her civil litigation practice focuses on toxic tort and products liability litigation. 
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