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 website. As always, you can access all of our publications at https://foleyhoag.com.
Included in this Issue:
MASSACHUSETTS
- First Circuit Holds Federal Protection Of Lawful Commerce In Arms Act ("PLCAA") Permits Most Of Mexico's Claims Against Gun Manufacturers And Distributor For Costs Of Drug Cartels' Gun Violence, As Allegations Of Knowingly Aiding And Abetting Sales By Dealers That Violated State and Federal Statutes Satisfies PLCAA's "Predicate Exception" For Statutory Violations, And Claimed Damages Such As Healthcare And Law Enforcement Costs Due To Gun Violence Are Sufficiently Direct To Be Proximately Caused By The Violations
- Massachusetts Federal Court Holds Case Law Permitting Common-Law Indemnification Of One Negligent Party By Another Where Former's Negligence Is Insignificant Compared To Latter's Not Implicitly Overruled By 1962 Statute Permitting Contribution Between Joint Tortfeasors, Lack Of Detail In Indemnification Cross-Claim Not Fatal Where Entitlement Would Depend On Facts Not Available From Plaintiff's Complaint
- Massachusetts Federal Court Dismisses Express Warranty and Failure-To-Warn Claims Against Manufacturer Of Plastic Water Line Connector That Cracked For Failure To Identify Promise By Manufacturer That Created A Warranty Or Proposed Warning That Would Have Prevented Harm, But Holds Design and Manufacturing Defect Claims Sufficient As Former Need Not Identify Safer Alternative Design At Pleading Stage And Latter, Although "Barebones," Referred To "Improper Injection Molding Practice[s]"
NEW YORK/NEW JERSEY SUPPLEMENT
- Second Circuit Holds Plaintiff's Expert's Opinion That Removal Of Meat Grinder Guard Was Foreseeable Properly Excluded Due To Expert's Lack Of Knowledge Of Performance Of Grinder And Plaintiff's Workplace, And Negligence And Strict Liability Design Defect And Failure-To-Warn Claims Fail As It Was Undisputed Grinder Was Not Defective When Sold But Instead Had Been Materially Modified Post-Sale, And Any Lack Of Warning Was Not Proximate Cause Where Plaintiff Admitted He Knew Of Dangers
Download the April 2024 Foley Hoag Product Liability Update (pdf).
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