Product Liability Update

Product Liability Update

July 23, 2014

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:

  • Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in Merits Discovery for Eighteen Months Before Pressing Defense in Summary Judgment Motion

  • Massachusetts Federal Court Holds Manufacturer of Investigational Drug and Medical Device Responsible for Clinical Trial Investigator’s Allegedly Inadequate Informed Consent Form; Plaintiff’s Design and Manufacturing Defect Claims Failed Due to Lack of Specific Factual Allegations in Complaint

  • Massachusetts Federal Court Rejects Claim for Negligent “Failure to Discontinue Marketing” Against Prescription Drug Manufacturer as Inconsistent with Massachusetts Law’s Recognition That Such Drugs Are Beneficial But Unavoidably Unsafe and Hence Not Unreasonably Dangerous

  • First Circuit Holds Beryllium Plaintiffs Could Not Establish Claim for Medical Monitoring Under Existing Massachusetts Law Due to Lack of Proof of Subcellular Injury, and Contention Law Should Not Require Such Proof Was Waived By Counsel in Discussions Framing Summary Judgment Issues

  • Massachusetts Federal Court Grants Summary Judgment Against Plaintiff’s Claim that Allegedly Defective Drill Caused Fire Where Plaintiff Could Not Identify Drill Model and Proffered No Admissible Expert Evidence of Defect or Causation

  • Massachusetts Federal Court Holds Plaintiff’s Injuries from Being Struck by Police Cruiser Responding to False Fire Alarm Not Proximately Caused by Allegedly Negligent Conduct of, Among Others, Manufacturer and Seller of Product that Caused False Alarm

Excerpt:

Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in Merits Discovery for Eighteen Months Before Pressing Defense in Summary Judgment Motion

In American International Ins. Co. v. Robert Seuffer GMBH & Co. KG, 468 Mass. 109 (May 14, 2014), a valuable painting was damaged when it fell from the wall where it had been hung with picture hangers manufactured by a German company. The homeowner’s insurer sued the manufacturer and the hangers’ seller in Massachusetts Superior Court alleging negligence, breach of the implied warranties of merchantability (the Massachusetts near-equivalent of strict liability) and fitness, and violation of Mass. Gen. L. ch. 93A (the Massachusetts unfair and deceptive practices statute).

Download the July 2014 Foley Hoag Product Liability Update (pdf).