Catching Up: Fact Gathering Defense Tactics in Product Liability Actions
The process of fact-gathering is a crucially-important part of any defense effort in a product liability action. Unfortunately, in most situations, the plaintiff starts the contest far ahead, since she
Estate Claims Under the Massachusetts Uniform Probate Code
Defense counsel in any action brought by the personal representative of a decedent’s estate should take care to review the plaintiff’s probate file to ensure that the estate representative has
Permitted Practice or Not? That is the Chapter 93A, Section 3 Question – Tips for the Practitioner
A common defense to claims of unfair or deceptive conduct brought under the Massachusetts Consumer Protection Act, Chapter 93A, is that the actions about which the plaintiff complains actually are
Recent Massachusetts Decision Establishes Privilege Applicable to Post-Incident Analyses
Most products liability defense lawyers are thoroughly familiar with evidentiary protections offered to post-incident repairs or improvements. Likewise, counsel are well-versed in the elements of the attorney-client privilege and work-product immunity
Massachusetts Recognizes New Cause of Action Against Drug Manufacturers
In a dramatic turnaround, the highest court in Massachusetts has recognized a cause of action against a drug manufacturer whose product was not even being used by the allegedly injured
Fraudulent Joinder and Misjoinder – Practice Points for Defendants
It is no secret that manufacturers and sellers of products prefer to litigate product liability claims in the federal courts rather than in their state counterparts. The reasons for this
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