Fraudulent Joinder and Misjoinder – Practice Points for Defendants

2018-03-21T22:13:39+00:00 March 9th, 2018|Categories: Daniel Fishman, Erin K. Higgins, Thomas E. Peisch|

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 preference include a perceived higher-quality of judges, more intense scrutiny of “junk science,” more conservative jurors, and a more predictable

Automatic Consumer Protection Act Liability For Breaches of Warranty – Is the Landscape Changing?

2018-03-09T21:44:24+00:00 December 27th, 2017|Categories: Erin K. Higgins, Peter John Veysey|

 It has long been an axiom of Massachusetts product liability law that a manufacturer or seller of a product that is found by a judge or jury to be defective is automatically exposed to liability under Massachusetts’ consumer protection statute, General Laws c. 93A. Such liability means an award of