News

McGivney, Kluger, Clark & Intoccia and its clients are always moving forward. This page features recent articles, news releases, and links to sites and blogs, as well as information about upcoming and recent events.

New Case Law Indicates Schools Could Be Held Liable for Student Suicides in Massachusetts

New Case Law Indicates Schools Could Be Held Liable for Student Suicides in Massachusetts

June 28, 2018 In a decision dated May 7, 2018, the Massachusetts Supreme Judicial Court issued an opinion that it may be possible for schools to be liable for student suicides under certain circumstances where a “special relationship” exists between the student and school. In 2009, Han Duy Nguyen, a […]

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New Case Law Indicates Schools Could Be Held Liable for Student Suicides in Massachusetts

U.S. Supreme Court’s Ruling in Kindred Nursing Center Ltd. P’ship v. Clark, 137 S. Ct. 1421 (2017) Did Not Abrogate New Jersey Supreme Court’s Ruling in Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (NJ 2014) With Respect to Invalidating Arbitration Clauses

U.S. Supreme Court’s Ruling in Kindred Nursing Center Ltd. P’ship v. Clark, 137 S. Ct. 1421 (2017) Did Not Abrogate New Jersey Supreme Court’s Ruling in Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (NJ 2014) With Respect to Invalidating Arbitration Clauses

June 28, 2018 In a June 5, 2018 decision by the Appellate Division of the State of New Jersey in Defina v. Go Ahead and Jump 1, LLC d/b/a Sky Zone Indoor Trampoline Park , 2018 N.J. Super. Unpub. LEXIS 1303, the Court held that the U.S. Supreme Court’s May […]

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U.S. Supreme Court’s Ruling in Kindred Nursing Center Ltd. P’ship v. Clark, 137 S. Ct. 1421 (2017) Did Not Abrogate New Jersey Supreme Court’s Ruling in Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (NJ 2014) With Respect to Invalidating Arbitration Clauses

Protecting the Citizens of New York from Deceptive Marketing Strategies: How a New York State Judge’s Refusal to Dismiss Lawsuits Against Opioid Manufacturers CouldImpact Government Brought Lawsuits over Painkillers

Protecting the Citizens of New York from Deceptive Marketing Strategies: How a New York State Judge’s Refusal to Dismiss Lawsuits Against Opioid Manufacturers CouldImpact Government Brought Lawsuits over Painkillers

June 20, 2018 On Monday, June 18, 2018, Justice Jerry Garguilo of the Suffolk County Supreme Court denied the application to dismiss lawsuits against several opioid manufacturers including Purdue Pharma, Endo Health Solutions, Teva Pharmaceuticals, Janssen Pharmaceuticals Inc., and Insys Therapeutics, Inc. Justice Garguilo did grant a dismissal to defendant […]

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Protecting the Citizens of New York from Deceptive Marketing Strategies: How a New York State Judge’s Refusal to Dismiss Lawsuits Against Opioid Manufacturers CouldImpact Government Brought Lawsuits over Painkillers

Stay Woke: How a New Medical Trend Could Impact Medical Malpractice Claims

Stay Woke: How a New Medical Trend Could Impact Medical Malpractice Claims

June 19, 2018 Anesthesia awareness is a condition that causes patients to “accidentally” wake up during surgery and in many cases, causes patients to see and feel things they shouldn’t while under the knife. Historically, anesthesia awareness has been disclosed as one of many rare and unintended potential risks of […]

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Stay Woke: How a New Medical Trend Could Impact Medical Malpractice Claims

Deadly Selfies: A New “Personal” Injury?

Deadly Selfies: A New “Personal” Injury?

June 13, 2018 Do you ever see a selfie and wonder what the person had to go through in order to capture the picture? For almost as long as the camera has existed, people have been using a camera timer to help capture the perfect shot. Now, despite the availability […]

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Deadly Selfies: A New “Personal” Injury?

Product Liability and Issues of Jurisdiction

Product Liability and Issues of Jurisdiction

June 13, 2018 There has been much written about several cases from the United States Supreme Court which appear to narrow the “liberality” afforded Plaintiffs in products liability cases who claim exposure to products manufactured by out-of-state Defendants, or sold ‘into’ the state by out-of-state distributors. Bristol-Myers Squibb Co. v. […]

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Product Liability and Issues of Jurisdiction

Asbestos in Connecticut Schools: What Do We Do Now?

Asbestos in Connecticut Schools: What Do We Do Now?

June 13, 2018 Several Connecticut schools in 2017 discovered asbestos that required removal. Schools including the Fred D. Wish Museum School in Hartford, Connecticut and West Haven High School in West Haven, Connecticut were closed for a designated period of time to inspect and go through the abatement removal process. […]

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Asbestos in Connecticut Schools: What Do We Do Now?

Conflict-of-Laws Analysis – When Will a Rhode Island Court Apply Foreign Law?

Conflict-of-Laws Analysis – When Will a Rhode Island Court Apply Foreign Law?

June 12, 2018 In Turcotte, et al. v. 3M Company, et al., the Court (Gibney, J.) issued its ruling in response to the motions to apply foreign law filed by several defendants in this lawsuit. (PC-2016-3357, June 5, 2017). Plaintiff Gerard Turcotte alleged that he developed mesothelioma from being exposed […]

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Conflict-of-Laws Analysis – When Will a Rhode Island Court Apply Foreign Law?

EPA Announcement on Asbestos

EPA Announcement on Asbestos

June 11, 2018 The mini-media firestorm over the United States Environmental Protection Agency (“EPA”)’s decision to no longer assess ‘in place’ asbestos may have more to do with President Trump’s historical comments about asbestos than with the effect of the actual decision.In 1987, developer Donald Trump said it was “100 […]

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EPA Announcement on Asbestos

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