Aaron and Michelle Lewis (“Lewis”) filed a Complaint in the Circuit Court of Washington County, Arkansas against Rouse-Walker Properties, Inc. d/b/a Cobble Stone Homes (“Rouse”) alleging Breach of Warranty for a house they...more
We touch upon various issues in our August insurance update. The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more
In 2022, North Carolina was bustling with new construction projects, ranking as the sixth highest state for newly built homes. With so much building going on, construction defect claims are bound to pop up. These claims can...more
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
Readers with a keen memory of their law school torts class (or bar-exam review course) may have a recollection of rules applicable to personal injury claims arising from foreign or unexpected substances in food. Depending on...more
An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more
The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The...more
“Are there any allergies at the table?” This is a question you’ve probably been asked at a restaurant in recent years. The number of customers responding affirmatively appears to be growing. And for good reason: allergic...more
On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more
The Massachusetts Attorney General’s Office (AGO) recently issued an advisory clarifying that existing Massachusetts law applies to artificial intelligence (AI) to the same extent as any other product in the stream of...more
The Court of Appeal has found that an alleged typo in a warranty and indemnity insurance policy did not amount to an obvious mistake. As a result, the insurance did not cover the claimed breach of warranty....more
The common law doctrine of the Implied Warranty of Habitability (the “Warranty”) requires a landlord to provide tenants with a habitable dwelling free and clear of defects. While a landlord need not provide a seamless or...more
On 8 May 2024, the Court of Appeal in Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477 (“Drax”) handed down judgment overturning the decision of the High Court, finding that the...more
In a matter of first impression, the Superior Court of Connecticut (Superior Court), in American Commerce Ins., Co. v. Eastern Fuel Corp., No. CV-206109168-S, 2024 Conn. Super. LEXIS 380, held that a waiver of subrogation...more
Suboxone is a medication used to treat opioid addiction, containing buprenorphine and naloxone. While Suboxone is highly effective in helping individuals overcome opioid dependence, there have been concerns about its...more
In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more
For parties facing class action lawsuits, where the class seeks to recover for economic losses, there may still be opportunities for insurance coverage. Thus, where economic losses arise out of the purchase of products that...more
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more
The Court of Appeal has looked at a warranty that there had been no material change in the prospects of a target. It also looked at the notice given for breach of warranty and found it wanting....more
The Duhig Rule is back, this time in Echols Minerals LLC, et al v. Green et al. Framing the discussion, Duhig v. Peavy Moore Lumber Company and Trial v. Dragon - In Duhig the grantor in a general warranty deed...more
Yesterday, the Court of Appeals of Virginia held where a plaintiff alleges its property is merely in the possession of a third party under a paramount title, it is insufficient to plead actual or constructive eviction, an...more
4th Circuit US District Court - Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including...more
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed Class Action Complaint against defendant L’Oreal U.S.A., Inc. (“L’Oreal”) alleging its mascara products contained per-...more
A Minnesota federal court dismissed a tunnelling contractor’s differing site condition claim because notice of the condition was given eight days after the conditions were first observed whereas the contract required notice...more
The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more