Product Liability Update

Product Liability Update: July 2018

August 3, 2018

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 Web site. As always, you can access all of our publications at www.foleyhoag.com

Included in this Issue:

MASSACHUSETTS

  • Massachusetts Federal Court Holds No Personal Jurisdiction Over Foreign Manufacturer Which, Although It Used A Nationwide United States Distributor, Did Not Specifically Target Massachusetts For Sales
  • Massachusetts Appeals Court Holds Company’s Report Of Hundreds Of Prior Car Crashes Into Stores At Other Company Locations Sufficiently Similar To Be Admissible In Suit Arising From Crash Into Specific Store
  • Massachusetts Federal Court Holds Friction Testing Expert’s Testimony Admissible As Tests He Performed Were Reliable, And Fact That Other Tests Were Not Performed Was Merely Ground For Cross-Examination
  • Massachusetts Federal Court Holds Maine Law Applies to Wrongful Death Claim Involving Asbestos Exposure And Injury In Maine From Products Designed In And Shipped From Massachusetts, But Leaves Door Open To Applying Massachusetts Law To Contribution Claims

NEW YORK/NEW JERSEY SUPPLEMENT

  • Massachusetts Federal Court Holds No Personal Jurisdiction Over Foreign Manufacturer Which, Although It Used A Nationwide United States Distributor, Did Not Specifically Target Massachusetts For Sales

Excerpt:

Massachusetts Federal Court Holds No Personal Jurisdiction Over Foreign Manufacturer Which, Although It Used A Nationwide United States Distributor, Did Not Specifically Target Massachusetts For Sales

In Preferred Mut. Ins. Co. v. Stadler Form Aktiengesellschaft, 2018 U.S. Dist. LEXIS 55475 (Mar. 30, 2018), a homeowners’ insurer as subrogee sued the retailer, U.S. distributor and Swiss manufacturer of an air purifier that allegedly caused a fire in the insured’s Massachusetts home in the United States District Court for the District of Massachusetts, alleging negligence and breach of warranty.  The Maine-based retailer and Ohio-based distributor in turn filed cross-claims against the manufacturer, which moved to dismiss all claims, arguing the court lacked personal jurisdiction.

Download the July 2018 Foley Hoag Product Liability Update (pdf).