Product Liability Update - April 2021

Foley Hoag LLP


• United States Supreme Court Holds Due Process Permits Exercise Of Specific Personal Jurisdiction Over Out-Of-State Vehicle Manufacturer For Product Liability Claims For Harm To Forum Residents From In-State Accidents Even Though Defendant Did Not Design, Manufacture Or Sell Vehicles At Issue There, As Defendant’s Current In-State Advertising, Sales And Servicing Of Same Vehicle Models Were Sufficiently “Related” Contacts To Support Jurisdiction


• Massachusetts Supreme Judicial Court Holds That In Most Negligence Cases, Including Those With Multiple Potential Causes, “But-For,” Not “Substantial Contributing Factor,” Is Correct Factual Causation Standard, But In “Rare” Cases Involving Two Independently Sufficient Causes Neither Is Exculpated And Each Is Factual Cause; “Substantial Factor” Language In Asbestos And Toxic Tort Cases Left Undisturbed But May Be Reexamined In Future...

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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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