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Jonathan F. Tabasky

Posts by Jonathan F. Tabasky

Connecticut Requires Expert Testimony for Proving Exposure Levels

Posted in Asbestos Litigation, Connecticut Courts, Litigation Trends, Products Liability, Uncategorized

For the first time since 1989[1], Connecticut’s Supreme Court addressed the plaintiff’s burden of proof in the asbestos context, in Wayne Bagley v. Adel Wiggins Group et al, SC 19835 (11/7/17).  In a win for defendants facing such claims, the court found that plaintiffs bringing claims pursuant to the Connecticut Product Liability Act (under both… Continue Reading

WWJG Do? What Will Justice Gorsuch Do, With “All Exposures Contribute” Testimony in Toxic Tort Cases?

Posted in Litigation Trends, Products Liability, Toxic Tort

On January 31, 2017, President Trump nominated Judge Neil Gorsuch to the U.S. Supreme Court. Although time will tell, this post assumes he will make it through the Senate confirmation process, and take his place at 1 First Street, Northeast. Currently, Judge Gorsuch sits on the United States Court of Appeals for the Tenth Circuit,… Continue Reading

D.C. Court of Appeals Overturns Frye and Adopts Federal Rule of Evidence Rule 702

Posted in Complex Torts, Products Liability, Toxic Tort

The District of Columbia Court of Appeals recently adopted the standards found in Federal Rule of Evidence 702 (“Rule 702”), regarding the admissibility of testimony by expert witnesses, thereby replacing the Frye (“Frye”) test.  See Motorola Inc., et al. v. Michael Patrick Murray, et al., 2016 WL 6134870 (October 20, 2016)(“Motorola”). Washington D.C. is now… Continue Reading

Legal Ethics 2.0: Massachusetts Makes Changes to its Rules of Professional Conduct – Outsourcing Client Work

Posted in Massachusetts Courts, Professional Liability

Last summer the Massachusetts Supreme Judicial Court (SJC) made several significant changes to the Massachusetts Rules of Professional Conduct (Mass. R. Prof. C.). Previous posts highlighted some of these changes, including to the Rules pertaining to jury contact following trial and the duty to remain current on technologies which impact the practice of law. The… Continue Reading

Legal Ethics 2.0: Massachusetts Makes Changes To Its Rules Of Professional Conduct – The Requirement To Be Technologically Savvy

Posted in All Practice Areas, Massachusetts Courts, Professional Liability

As previously reported, following the 2012 and 2013 American Bar Association’s amendments to its Model Rules of Professional Conduct, many jurisdictions began to reexamine their own rules.  Massachusetts followed suit, and on July 1, 2015, the Supreme Judicial Court (SJC) adopted several revisions to the Massachusetts Rules of Professional Conduct (Mass. R. Prof. C.) recommended… Continue Reading

Legal Ethics 2.0: Massachusetts Makes Changes To Its Rules Of Professional Conduct – Communications With Jurors

Posted in All Practice Areas, Massachusetts Courts

Following the 2012 and 2013 American Bar Association’s amendments to its Model Rules of Professional Conduct, many jurisdictions began to reexamine their own rules.  Massachusetts followed suit, and on July 1, 2015, the Supreme Judicial Court (SJC) adopted several revisions to the Massachusetts Rules of Professional Conduct (Mass. R. Prof. C.) recommended by its Standing… Continue Reading

Not Satisfied with its 5th Place Finish in the American Tort Reform Foundation Judicial Hellholes® Listing, Illinois Makes A Push For Number One

Posted in All Practice Areas, Asbestos Litigation, Toxic Tort

Ben Franklin famously warned that “you may delay, but time will not, and lost time is never found again.” These words of wisdom appear to be lost on the Illinois state legislature, which recently abolished the ten-year statute of repose for personal injury claims related to asbestos exposure under 735 ILCS 5/13-214. Far from an… 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

Massachusetts Court Finds Plaintiffs’ Claims Against Generic Drug Manufacturers Are Barred By Preemption

Posted in Massachusetts Courts, Pharmaceutical and Medical Devices

Written by Jonathan F. Tabasky and Kate B. Puccio Massachusetts Superior Court Judge Bruce R. Henry recently dismissed a series of claims against several manufacturers of the generic drug Metoclopramide (“MCP”), against whom failure to warn claims was alleged.  See White v. Elsevier, Inc., Middlesex Superior Court Civil Action No. 11-04441.  In so doing, Judge… Continue Reading

Hold the relish: ConAgra under fire for allegedly misrepresenting kosher status of Hebrew National hot dogs

Posted in Products Liability

Hebrew National Hot Dogs may answer to a Higher Authority, but for the time being they’ll also be answering to the United States District Court of Minnesota.  Hebrew National Hot Dogs which are owned by ConAgra Foods, Inc. has been sued in a class action Complaint (pdf download) which alleges that it utilized deceptive and… Continue Reading

Massachusetts Court Extends Mensing to Bar Failure To Warn Claims Against Generic Drug Distributors

Posted in Litigation Trends, Massachusetts Courts, Pharmaceutical and Medical Devices, Products Liability

Co-authored by Brian Gross  In June of 2011, the United States Supreme Court ruled that makers of generic drugs cannot be sued for failing to warn consumers of the possible side effects of their products if they copy the exact warnings used by their brand-name equivalents.  See Pliva, Inc., et al. v. Mensing, 131 S.Ct. 2567… Continue Reading