Product Liability Update - May 2010


In This Issue:

*Massachusetts Federal District Court Dismisses Product Liability Claims Based on “Benefit-of-the Bargain” Theory, Holding Neither Pure Economic Loss Nor Apprehension of Future Harm Is Legally Cognizable Injury Where Product Has Not Malfunctioned

*First Circuit Vacates Denial of Class Certification in Environmental Tort Claims, Holding that, on Fuller Analysis, Common Issues May Predominate and Class Treatment May Be Superior Method of Litigating Claims

*Massachusetts Federal District Court Holds Statute Limiting Exclusions of Warranty Applies Only to Consumer Transactions, Finds Disputes Concerning Whether Buyer Gave “Precise and Complete” Specifications Negating Implied Warranty and Whether Plaintiff Was Sophisticated User

*Massachusetts Appeals Court Holds that Actual Filing, Rather Than Mere Service, of Motion to Amend Complaint to Add Defendants Is Required to “Commence” Action Against Such Defendants for Purpose of Statute of Repose

*Massachusetts Federal District Court Holds Plaintiff in Product Liability Action May Proceed Under Theory of Res Ipsa Loquitor in Absence of Expert Testimony Establishing Product Defect, But Expert Testimony Is Required to Prove Medical Causation

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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