Product Liability Update – October, 2009

Foley Hoag LLP publishes this quarterly Update concerning developments in Product Liability and related law of interest to product manufacturers and sellers.

Contents

• First Circuit Affirms Summary Judgment for Vinyl Chloride Suppliers, Holding Sophisticated User Doctrine Only Required Analysis of Decedent's Employer's Knowledge of Product's Risks, Not Whether Suppliers Reasonably Relied on Employer to Transmit Warnings to Employees

• First Circuit Reverses Summary Judgment for Beryllium Suppliers, Holding Jury Could Find Plaintiff Reasonably Did Not Know Likely Cause of Her Harm Until Limitations Period and Sophisticated User Doctrine Did Not Apply Because Jury Could Find Plaintiff's Employer Did Not Know Particulars of Beryllium Risk