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The Component Parts Doctrine in Massachusetts Product Liability Cases

By on December 15, 2017

A recent Appeals Court case affirms that in a Massachusetts Product Liability Case, as a general rule, the manufacturer of a non-defective component part has no duty to warn of risks posed by the assembled product that arise out of the addition of other components and the decisions made, and actions taken, by downstream actors, […]

Design Defects & Expert Evidence

By on November 28, 2017
When Expert Evidence is Necessary

In Massachusetts, to establish a product’s liability claim for defective design a plaintiff must show that the manufacturer of a product “failed to exercise reasonable care to eliminate avoidable or foreseeable dangers to the user of the product.” A defective design case thus requires proof that the product is not reasonably safe for its intended […]

New Rule for Medical Malpractice Tribunals in Massachusetts

By on November 9, 2017
New Rule for Medical Malpractice

Medical malpractice cases are often cumbersome and lengthy. The tribunal process alone can take as long as a year, and sometimes even more. In 2018, this will all change thanks to Superior Court Rule 73 recently approved by the Supreme Judicial Court. How Medical Malpractice Tribunals Work Today As discussed in the December 2015 issue […]

Three’s A Crowd: Waiver of the Attorney-Client Privilege

By on July 14, 2017

As discussed in a prior issue of Legal News (September 2014), the attorney-client privilege protects communications between a client and his or her attorney from disclosure. The classic formulation of the attorney-client privilege endorsed by the Massachusetts Supreme Judicial Court is where legal advice of any kind is sought from a professional legal advisor in […]