Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New York and New Jersey.
In This Issue:
Massachusetts -
Massachusetts Appeals Court Affirms Failure-To-Warn Verdict Against Cigarette Manufacturer, Holding Jury Could Infer Plaintiff Would Have Heeded Cancer Warning If Given, And Plaintiff’s Medical Expert’s Testimony Basing Causation On Cancer’s Location Was Not Unfair Surprise Requiring Mistrial Where Expert Earlier Cited Location To Rule Out Other Causes And Defendant Accepted Two Of Trial Judge’s Lesser Remedies But Did Not Utilize Mid-Trial Continuance...
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