Product Liability Update

Product Liability Update

April 23, 2013

Foley Hoag's Product Liability Update is a quarterly update concerning developments in product liability and related law of interest to product manufacturers and sellers. If you find this update useful, please encourage your colleagues and contacts to also register with us on our Web site. As always, you can access all of our publications at www.foleyhoag.com

Included in this Issue:

  • United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with Plaintiffs’ Liability Theory
  • United States Supreme Court Holds Putative Class Representative’s Purported Stipulation Limiting Classwide Damages to Less than $5 Million Is Non-Binding and Does Not Defeat Federal Court Jurisdiction Under Class Action Fairness Act
  • Massachusetts Federal Court Holds Non-Resident Defendant in Multi-Defendant State Court Litigation May Not Remove Case to Federal Court Before Service on at Least One Properly Joined Defendant
  • Massachusetts Federal Court Holds Declaratory Judgment on Third-Party Claim for Indemnity Premature Where Underlying Liability Has Not Yet Been Determined, and Contractually Indemnified Party that Refuses to Allow Indemnitor to Control Defense Waives Right to Indemnity
  • Massachusetts Federal Court Holds State Law Negligent Manufacture and Distribution Claims Against Medical Device Manufacturer Not Preempted by Federal Food, Drug and Cosmetic Act Because Claims Sought to Impose Obligations Parallel to Those Imposed by “Good Manufacturing Practices” Regulations Promulgated Under Act
  • Massachusetts Appeals Court Affirms Judgment for Turbine and Valve Manufacturers Because of Lack of Evidence Plaintiff’s Mesothelioma Was Caused or Contributed to by Any Asbestos in Their Products

Excerpt:

United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with Plaintiffs’ Liability Theory

In Comcast Corp. v. Behrend, 133 S. Ct. 1426, 2013 WL1222646 (Mar. 27, 2013), cable television subscribers sued a cable service provider and its subsidiaries in the United States District Court for the Eastern District of Pennsylvania, alleging defendants had pursued an illegal anticompetitive strategy known as “clustering” by which they acquired competitor cable providers’ systems within a particular region while simultaneously selling their own systems outside that region to the competitor.

Download the Foley Hoag April 2013 Product Liability Update (.pdf)