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General Assembly Eliminates “Open and Obvious” As Complete Defense To Personal Injury Claims

General Assembly Eliminates “Open and Obvious” As Complete Defense To Personal Injury Claims

In legislation approved by the Governor on July 15, 2019, the General Assembly amended section 9-20-4 of the General Laws (the Comparative Negligence statute) such that the open and obvious defense to personal injury claims can no longer act as a complete bar to recovery. Previously, when a plaintiff voluntarily exposed himself or herself to the...

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The Increasing Sweep of Opioid Litigation

The Increasing Sweep of Opioid Litigation

States are now one step closer to holding the Sackler family individually liable for the role they and their pharmaceutical corporation, Purdue Pharma, played in creating and facilitating the nation’s opioid epidemic. In a decision issued on October 8, 2019, Massachusetts Superior Court Justice Janet L. Sanders denied a motion to dismiss...

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New Rhode Island Law Limits Non-Compete Agreements

New Rhode Island Law Limits Non-Compete Agreements

Rhode Island recently joined a growing list of states with laws limiting the ability of employers to use non-compete agreements in the workplace. Employers often insist that employees sign non-compete agreements which would restrict an employee’s ability to work in the same field and geographic area as the employer for a limited period of time,...

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Supreme Court Rules States Cannot Tax Trust Income Solely Based on Beneficiary’s Residence

Supreme Court Rules States Cannot Tax Trust Income Solely Based on Beneficiary’s Residence

In N.C. Dep’t of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, the U.S. Supreme Court issued a unanimous decision on June 21, 2019 holding the State of North Carolina may not tax a beneficiary on the income of a trust merely because the beneficiary resides within its borders.  In Kaestner, an individual domiciled in New York formed a...

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