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ARTICLE · 21 MAY 2010

Product Liability Update - May 2010

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

United StatesConsumer Protection
David Geiger
David Geiger
Creighton Page
Creighton Page
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Foley Hoag LLP publishes this quarterly Update concerning developments in Product Liability and related law of interest to product manufacturers and sellers.

Included In This Update:

  • Massachusetts Federal District Court Dismisses Product Liability Claims Based on "Benefit-of-the Bargain" Theory, Holding Neither Pure Economic Loss Nor Apprehension of Future Harm Is Legally Cognizable Injury Where Product Has Not Malfunctioned
  • First Circuit Vacates Denial of Class Certification in Environmental Tort Claims, Holding that, on Fuller Analysis, Common Issues May Predominate and Class Treatment May Be Superior Method of Litigating Claims
  • Massachusetts Federal District Court Holds Statute Limiting Exclusions of Warranty Applies Only to Consumer Transactions, Finds Disputes Concerning Whether Buyer Gave "Precise and Complete" Specifications Negating Implied Warranty and Whether Plaintiff Was Sophisticated User

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