David Ferrera Comments on Product Liability Ruling in Massachusetts Lawyers WeeklyPrint PDF
David Ferrera, a partner in Nutter’s Litigation Department and chair of the firm’s Product Liability practice group, weighed in on a recent decision by the 1st U.S. Circuit Court of Appeals in Massachusetts Lawyers Weekly. In the article, “Dismissal of Manufacturer’s Product Liability Claim vs. Supplier Reversed,” David elaborates that because companies rely heavily on industry standards during their manufacturing processes, it’s potentially problematic that in a contract-based action the reasonableness of testing would be deemed “inconsequential” by the court. “In a high-tech, complex business economy like Massachusetts, having lay juries decide these questions rather than allowing companies to rely on industry-accepted standards seems unfair to businesses who rely on certainty in establishing their design and manufacturing processes,” he said.
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