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Product Liability Update - April 2021 - Consumer Protection

UNITED STATES SUPREME COURT
United States Supreme Court Holds Due Process Permits Exercise
Of Specific Personal Jurisdiction Over Out-Of-State Vehicle
Manufacturer For Product Liability Claims For Harm To Forum
Residents From In-State Accidents Even Though Defendant Did Not
Design, Manufacture Or Sell Vehicles At Issue There, As
Defendant s Current In-State Advertising, Sales And Servicing
Of Same Vehicle Models Were Sufficiently Related
Contacts To Support Jurisdiction
MASSACHUSETTS
Massachusetts Supreme Judicial Court Holds That In Most
Negligence Cases, Including Those With Multiple Potential Causes,
But-For, Not Substantial Contributing
Factor, Is Correct Factual Causation Standard, But In
Rare Cases Involving Two Independently Sufficient ....

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Product Liability Update - April 2021 | Foley Hoag LLP

UNITED STATES SUPREME COURT -
• United States Supreme Court Holds Due Process Permits Exercise Of Specific Personal Jurisdiction Over Out-Of-State Vehicle Manufacturer For Product Liability Claims For Harm To Forum Residents From In-State Accidents Even Though Defendant Did Not Design, Manufacture Or Sell Vehicles At Issue There, As Defendant’s Current In-State Advertising, Sales And Servicing Of Same Vehicle Models Were Sufficiently “Related” Contacts To Support Jurisdiction
MASSACHUSETTS -
• Massachusetts Supreme Judicial Court Holds That In Most Negligence Cases, Including Those With Multiple Potential Causes, “But-For,” Not “Substantial Contributing Factor,” Is Correct Factual Causation Standard, But In “Rare” Cases Involving Two Independently Sufficient Causes Neither Is Exculpated And Each Is Factual Cause; “Substantial Factor” Language In Asbestos And Toxic Tort Cases Left Undisturbed But May Be Reexamined In Future. ....

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