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Matthew T. Giardina

Posts by Matthew T. Giardina

S.D.N.Y. Tells Plaintiffs: “Stop! You Cannot Sue, You Changed Your Story”

Posted in Asbestos Litigation

On Friday, April 28, 2017, the United States District Court for the Southern District of New York dismissed, in its entirety, John and Michele Clark’s asbestos personal injury action based on the doctrine of judicial estoppel. In short, the Court ruled that the Plaintiffs’ lawsuit could not proceed without damaging the integrity and proper functioning… Continue Reading

Recent Fifth Circuit Ruling a Relief to United States Government Equipment Suppliers

Posted in Asbestos Litigation, Complex Torts, Litigation Trends, Products Liability

It is no secret that, in many instances, injured tort plaintiffs would prefer to file their cases in state court as opposed to federal court. One of the many reasons for this preference is that the Federal Rules of Civil Procedure place express limits on the amount of discovery available to parties.  Further, the Federal Rules… Continue Reading

Rhode Island Jury Returns a $23 Million Dram Shop Verdict

Posted in Dram Shop Liability, Premises Liability, Rhode Island Courts

Following a five-week trial, a Providence jury found Twin River Casino, a Providence liquor store, and a teenage drunk driver liable in a dram shop case where the plaintiff, Alissa Moulton, sustained serious spinal injuries following an April 24, 2010 motor vehicle accident. Specifically, Moulton was paralyzed from the chest down when she and her… Continue Reading

Johnson & Johnson Found Liable in Latest Talc Product Trial

Posted in Asbestos Litigation, Complex Torts, Talc Litigation

For the third time this year, a St. Louis, Missouri jury found Johnson & Johnson liable in a case where plaintiff alleged that her ovarian cancer was caused by her use of talcum powder products. At trial, Deborah Giannecchini, a 62 year-old California woman, claimed that her decades-long use of Johnson & Johnson talcum powder… Continue Reading

Picture Worth More Than a Thousand Words to Plaintiff in Rhode Island Case

Posted in Employment Litigation

Arguably the two most significant challenges for any employer involve hiring and terminating employees. In both processes, employers are faced with substantive and administrative concerns.  On the substantive level, employers routinely ask themselves questions such as: Will the applicant be a good fit with office culture? Did the employee meet core competencies? Likewise—and perhaps more… Continue Reading

Massachusetts Appeals Court Overturns Jury’s Verdict in Pelvic Mesh Case

Posted in Pharmaceutical and Medical Devices, Products Liability

On September 13, 2016, the Massachusetts Appeals Court decided Albright v. Boston Scientific Corporation by vacating a jury’s verdict in favor of Boston Scientific Corporation (BSC) and remanding the matter to the Superior Court for retrial. No. 15-P-633, 2016 WL 4736686 (Mass. App. Ct. Sept. 13, 2016). By way of background, the Plaintiff, Diane Albright,… Continue Reading