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 York and New Jersey. If you find this update useful, please encourage your colleagues and contacts to also register with us on our website. As always, you can access all of our publications at https://foleyhoag.com/news-and-insights/.

In This Issue:

Massachusetts
Massachusetts Appeals Court Affirms Failure-To-Warn Verdict Against Cigarette Manufacturer, Holding Jury Could Infer Plaintiff Would Have Heeded Cancer Warning If Given, And Plaintiff’s Medical Expert’s Testimony Basing Causation On Cancer’s Location Was Not Unfair Surprise Requiring Mistrial Where Expert Earlier Cited Location To Rule Out Other Causes And Defendant Accepted Two Of Trial Judge’s Lesser Remedies But Did Not Utilize Mid-Trial Continuance

Massachusetts Federal Court Holds Long-Arm Statute Authorizes Jurisdiction Over UK Bicycle Part Seller As Its Emails To Massachusetts Residents Who Initially Contacted It And Significant Volume Of Sales To Such Residents Constituted “Transacting Business” In State, And Promise To Deliver Product To Massachusetts, Even If Through Third Party, Was “Contract To Supply Things” In State; Jurisdiction Also Comported With Due Process

New York/New Jersey Supplement 
New York Federal Court In Product Liability Suits Against Polyethylene Orthopedic Products Manufacturer Holds Requests For (1) All Communications With Any Foreign Regulatory Body And (2) All Discovery Produced in Litigation Involving Any Of Defendant’s Orthopedic Products Overbroad And Disproportionate To Needs Of Case, But Expresses Willingness To Consider Narrower Requests Tailored To Specific Products At Issue 

Third Circuit Holds Purchasers Of Antifungal Spray Subject To Recall For Benzene Contamination Sufficiently Alleged Economic Injury to Demonstrate Standing Where They Alleged Purchase From Recalled Lots, Recall Deemed Contaminated Products Unfit For Use And Testing Of Recalled Samples Demonstrated Vast Majority Were Contaminated, But Merely Alleging Purchase Within Recall Period Not Sufficient To Demonstrate Injury And Standing

Download the February 2025 Foley Hoag Product Liability Update (pdf).