Product Liability Update -- July 2012


In This Issue:

*First Circuit Affirms Judgment Against Generic Drug Manufacturer on Plaintiff’s Design Defect Claim, Holding: (i) Product May Be Found “Defective” on Proof It Is “Unreasonably Dangerous”; (ii) Design Defect Claim Not Preempted by Federal Food, Drug, and Cosmetic Act; and (iii) Expert Testimony Based on Adverse Event Reports to FDA Admissible

*Massachusetts Appeals Court Affirms Directed Verdict for Paint Stripper Manufacturer on Failure-to-Warn Claim Where Product’s Labels Complied with Regulations Under Federal Hazardous Substances Act

*Massachusetts Appeals Court Affirms Summary Judgment for Gun Manufacturer, Finding Claims Barred by Federal Protection of Lawful Commerce in Arms Act Because They Arose out of Criminal or Unlawful Use of Firearms

*Massachusetts Appeals Court Affirms Judgment for Failure to Warn of Dangerous Conditions From Cleaning Products; Expert Testimony Regarding Asthma Risk and Causation Based on Plaintiff’s Exposure and Peer-Reviewed Scientific Literature Concerning Effects of Product Ingredients Held Admissible

Please see full issue below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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