Kerin v. Titeflex Corp.
Plaintiff filed a complaint against Titeflex Corporation, the manufacturer of Gastite, for an alleged product defect in Gastite corrugated stainless steel tubing (CSST). The complaint asserted four causes of action, each based on allegations of Gastite CSST’s vulnerability to lightning strikes. The District Court of Massachusetts dismissed for lack of standing, concluding that Plaintiff’s injury was too speculative. The First Circuit affirmed, holding that Plaintiff failed to allege either facts sufficient to assess the likelihood of future injury or instances of actual damage where it was clear that CSST was the source, and therefore, the alleged risk of harm was too speculative to give rise to a case or controversy. View "Kerin v. Titeflex Corp." on Justia Law