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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 friend, Cristina Sianpi, were ejected from the back seat of a 1997 Toyota Camry.  The car’s driver, 18 year-old defendant…
It’s Christmas time here in Boston again, and with it come several holiday traditions and Yule tidings for all to share.  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 Defense Litigation Insider readers. Dear Reader, With the holidays upon us, I just wanted to take this opportunity to extend some season’s greetings and…
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 some defense.  Nope.  The real reason lies in the opportunity to play (and hopefully win) fantasy football leagues.  Here, I…
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 fact “deceptive.”  In particular, Judge Chappell found that POM’s claims that its juice can ward off and treat heart…
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 the claims made by companies in their advertising campaigns – ironically enough –in an effort to avert litigation.…
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 wider agreement on a solution.   In the release Chairman Smith declared:  “I have heard from the critics…
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 to its logo to celebrate holidays, anniversaries and other historic milestones. But on January 18th, Google users did…
Co-authored by Brian Gross  As a defense attorney, one of the most common allegations my product liability clients face is a claim that the company “failed to warn” the end user of a potential defect in its product.  With the Christmas season upon us, and due to the fact that so many of the products we purchase for our friends and family contain a wide variety of warning labels to avoid such a lawsuit,…
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 whether all forms of asbestos – “amphibole asbestos” and “serpentine asbestos” – cause mesothelioma, a rare cancer found primarily…
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 claims against an ever-growing group of asbestos bankruptcy trusts.  These asbestos bankruptcy trusts – more than fifty in all…