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Boston considers action on sugary drink sales in city-owned buildings
  • Shook Hardy & Bacon LLP
  • USA
  • September 24 2010

Boston city officials are reportedly considering a move to prohibit or restrict sugar-sweetened beverages sold on city-owned property as a way of combatting obesity.

Massachusetts Superior Court holds claim that cigarettes should have delivered lower nicotine dose does not improperly seek to ban entire product category; plaintiff need not show decedent would have used low-nicotine product to prove causation
  • Foley Hoag LLP
  • USA
  • April 14 2010

In Haglund v Philip Morris, Inc, 2009 WL 3839004 (Mass. Super. Ct. Oct. 20, 2009), the widow of a man who had died of lung cancer sued a cigarette manufacturer in Massachusetts Superior Court for breach of the implied warranty of merchantability based on the allegedly defective design of defendant’s cigarettes to deliver too much nicotine.

Massachusetts Supreme Court holds that asymptomatic plaintiffs may sue for medical monitoring
  • Mayer Brown
  • USA
  • November 4 2009

In a recent opinion that bucks the national trend, the Massachusetts Supreme Judicial Court authorized plaintiffs who have no manifest physical injuries, but who assert "subcellular changes" caused by cigarette smoking, to sue for medical monitoring.

Massachusetts Supreme Court expands toxic tort liability; rejects single controversy rule
  • Morgan Lewis
  • USA
  • October 30 2009

On October 19, the Massachusetts Supreme Judicial Court (SJC) expanded toxic tort liability to encompass medical monitoring claims while at the same time rejecting application of the "single controversy" rule in such cases.

Michael A. Olsen
  • Mayer Brown