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Results:1-10 of 34

Massachusetts federal court grants summary judgment for power tool manufacturer on design defect claim because plaintiff offered no expert evidence regarding existence of a defect, safer alternative design or causation
  • Foley Hoag LLP
  • USA
  • July 31 2013

In Torres v. Skil Corporation, 2013 WL 3105815 (D. Mass. June 17, 2013), plaintiff was injured while using a circular saw when the saw's blade guard


United States Supreme Court holds agreement mandating individualized rather than classwide arbitration enforceable even where expense of arbitrating exceeds any potential individual recovery
  • Foley Hoag LLP
  • USA
  • July 31 2013

In American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (June 20, 2013), plaintiffs filed a putative class action in the United States


Massachusetts federal court holds medical monitoring claim based on exposure to dangerous substance requires proof of subcellular change, and expert testimony that exposure merely increased risk of such change or of actual disease is insufficient
  • Foley Hoag LLP
  • USA
  • July 31 2013

In Genereux v. Hardric Laboratories, Inc., 2013 WL 3157520 (D. Mass. June 23, 2013), current and former employees of defendant aerospace and defense


Massachusetts Supreme Judicial Court holds (I) proof of safer alternative design that would not unduly interfere with product’s cost or performance is prerequisite to design defect liability
  • Foley Hoag LLP
  • USA
  • July 31 2013

Evans v. Lorillard Tobacco Co., 465 Mass. 411 (June 11, 2013), the plaintiff executor of his mother's estate sued the defendant manufacturer of


Massachusetts Supreme Judicial Court holds agreement for individualized arbitration unenforceable where it confers on retailer “de facto” immunity from unfair and deceptive practices liability
  • Foley Hoag LLP
  • USA
  • July 31 2013

In Feeney v. Dell, Inc., 465 Mass. 470 (Jun. 12, 2013) ("Feeney II"), plaintiffs filed a putative class action claiming the defendant computer


United States Supreme Court reverses First Circuit and holds Federal Food Drug & Cosmetic Act preempts design defect claims against generic pharmaceutical manufacturers
  • Foley Hoag LLP
  • USA
  • July 31 2013

In Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (June 24, 2013), plaintiff suffered a severe dermatologic reaction after taking sulindac, a


Massachusetts Appeals Court affirms dismissal of design defect and failure-to-warn claims involving industrial fan because dangers were open and obvious and plaintiff did not offer expert to testify proposed safer alternative design would not unduly inter
  • Foley Hoag LLP
  • USA
  • July 31 2013

In Christensen v. Thornton, 988 N.E.2d 471 (Mass. App. Ct. June 3, 2013), plaintiff suffered injuries when he caught his hand in an industrial


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 “Go
  • Foley Hoag LLP
  • USA
  • April 23 2013

In Chasse v. Stryker Corp., et al., No. 12-11694-PBS (D. Mass. Mar. 20, 2013), plaintiffs filed a class action complaint against the manufacturers of


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
  • Foley Hoag LLP
  • USA
  • April 23 2013

In Comcast Corp. v. Behrend, 133 S. Ct. 1426, 2013 WL1222646 (Mar. 27, 2013), cable television subscribers sued a cable service provider and its


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 righ
  • Foley Hoag LLP
  • USA
  • April 23 2013

In Riva v. Ashland, Inc., 2013 WL 1222393 (D. Mass. Mar. 26, 2013), over 250 residences, 20 businesses and one school were damaged by an explosion at