Product Liability Update - July 2010


In This Issue:

*Massachusetts Supreme Judicial Court Holds Face Amount of Medical Bills Admissible as Evidence of Reasonable Value of Services Rendered to Personal Injury Plaintiff, But Range of Payments Generally Accepted by Plaintiff’s Providers in Satisfaction of Such Bills Also Admissible

*Massachusetts Federal District Court Certifies Medical Monitoring Injunctive and Damages Class Action for Smokers with Only Subcellular Injury, Holding Alleged Common Need for Monitoring Supported Classwide Injunctive Relief and Predominated Over Individualized Issues

*First Circuit Affirms Dismissal of Putative Class Action Against Manufacturer of Recalled Heartworm Medication, Holding Massachusetts Unfair and Deceptive Practices Statute Requires Proof of Economic Loss

*Massachusetts Federal District Court Precludes Manufacture and Design Defect and Causation Testimony From Plaintiff’s Expert and Grants Summary Judgment Where Expert’s Only Training and Experience Were in Accident Reconstruction

*Massachusetts Appeals Court Affirms Preclusion of Expert Testimony that Holster Was Unfit for Particular Purpose Because Expert Had No Experience With Particular Holster or Holster Design Generally

Please see full publication 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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