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Results:1-10 of 25

SJC holds that Massachusetts Wage Act is not intended to be sole remedy for recovery of unpaid wages under state law
  • Foley Hoag LLP
  • USA
  • August 19 2013

On August 12, 2013, the Supreme Judicial Court (SJC) held in Lipsitt v. Plaud that the Massachusetts Wage Act is not intended to be the sole remedy


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 federal court holds trademark licensor that substantially participated in design of excavating machine liable as “apparent manufacturer” even though licensor did not participate in machine’s sale
  • Foley Hoag LLP
  • USA
  • January 26 2012

In Anunciacao v. Caterpillar, Inc., 2011 WL 4899969 (D. Mass. Oct. 13, 2011), plaintiff was severely injured when he was run over at work by an excavating machine bearing defendant’s name and trademark logo


Credit card replacement costs and identity theft insurance are compensable damages for data breach
  • Foley Hoag LLP
  • USA
  • October 25 2011

Late last week, the U.S. Court of Appeals for the First Circuit ruled that victims of a data breach could pursue compensation from the merchant whose systems were breached for their costs of credit card replacement and identify theft insurance, under theories of breach of implied contract and negligence.


Massachusetts District Court appellate division holds statute of limitations bars claim for breach of implied warranty of merchantability for roofing shingles delivered twenty years earlier because any such claim accrued on tender of delivery
  • Foley Hoag LLP
  • USA
  • October 3 2011

In Howard v. IKO Manufacturing, Inc., 2011 WL 2975813 (Mass.App.Div. July 20, 2011), plaintiff purchased, in late 1990, roof shingles which he claimed came with a “forty- or fifty-year warranty” but began to disintegrate in less than twenty years.


First Circuit holds trailer manufacturer not liable for negligence or breach of implied warranty of merchantability where trailer was built to plaintiff’s employer’s exact specifications and design was not obviously unsafe
  • Foley Hoag LLP
  • USA
  • October 3 2011

In Hatch v. Trail King Industries, Inc., 2011 U.S. App. LEXIS 18000 (1st Cir. Aug. 29, 2011), plaintiff was paralyzed after a hydraulically operated drop gate on the trailer he operated fell on him, trapping him underneath.


Massachusetts Superior Court holds expert testimony regarding technical feasibility of extracting nicotine to below addiction thresholds and adding flavors to resulting product admissible because supported by scientific research and data
  • Foley Hoag LLP
  • USA
  • October 3 2011

In Haglund v. Philip Morris, Inc., No. 2001-02367, 2011 WL 2737240 (Mass. Super. Ct. Apr. 20, 2011), plaintiff sued the defendant tobacco company in Massachusetts Superior Court for breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability) and wrongful death on behalf of her deceased relative, a smoker who died of lung cancer.


Judicial restraint in NEPA cases: how many judges allow "unwise" agency action?
  • Foley Hoag LLP
  • USA
  • June 16 2011

This week, in Webster v. USDA, Judge John Bailey of the Northern District of West Virginia rejected a challenge to the Environmental Impact Statement filed for a USDA flood control project.


Consumer class action filed against Sony for data breach
  • Foley Hoag LLP
  • USA
  • May 9 2011

On May 5, a consumer class action was filed against Sony, relating to the data breaches in its Sony PlayStation and related services.


Massachusetts Appeals Court notes, but does not address, admissibility of plaintiff’s expert testimony that “each and every exposure to asbestos” is “substantial contributing factor” to disease
  • Foley Hoag LLP
  • USA
  • April 25 2011

In Morin v. Autozone Northeast, Inc., et al., 79 Mass. App. Ct. 39 (Mar. 14, 2011), plaintiff’s mother worked over the course of many years in offices near loading bays where her company’s delivery trucks were maintained.