Permitted Practice or Not? That is the Chapter 93A, Section 3 Question – Tips for the Practitioner

2018-09-21T19:46:28+00:00 September 5th, 2018|Categories: Katherine Kelter, Thomas E. Peisch|

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 exempt from liability as “permitted practices.” A recent Massachusetts product labeling case involving adult beverages reveals a few tips for

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Massachusetts Recognizes New Cause of Action Against Drug Manufacturers

2018-04-18T14:11:58+00:00 March 29th, 2018|Categories: Katherine Kelter, Manufacturing Processes, Pathology|

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 plaintiff. In Rafferty v. Merck & Co., 479 Mass. 141 (2018), Chief Justice Ralph Gants, speaking for the Supreme Judicial

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Conn Kavanaugh’s lawyers regularly represent manufacturers, distributors, and retailers in defending against product liability claims. Our experience encompasses a broad range of products, including home building products, industrial, construction, and mechanical equipment, consumer products, outdoor lawn products and toys, saws, medical devices, hot tubs, and fireplaces. As a result of our work in this area, we have extensive knowledge of the case law applicable to product liability claims, and close working relationships with experts in the fields of fire cause and origin, epidemiology, pathology, addiction, electrical and mechanical systems, manufacturing processes, industrial safety, and warnings and code compliance. We also work closely with in-house experts to develop appropriate defenses, and to prepare company witnesses for deposition.

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