Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

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

Plaintiff suffered a hand injury while operating a hand saw manufactured by defendant, while working at a construction site. A jury awarded plaintiff $1.5 and, although it found plaintiff to be 35 percent at fault, the finding did not reduce the award because it also found breach of implied warranty of merchantability. The First Circuit affirmed, finding the evidence sufficient to support the verdict and rejecting an argument that plaintiff had argued impermissible "categorical liability" rather than presenting an alternative, safer design. Statements by plaintiff's counsel, about "sending a message" and corporate earnings, did not mandate a new trial.

Plaintiff, left paralyzed from the chest down after an accident at work, sued the company that built a specialized trailer for his employer. A jury rejected negligence and implied warranty of merchantability claims. The First Circuit affirmed. The district court acted within its discretion when it instructed the jury that a defendant who manufactures a product according to buyer specifications could not be liable under either a negligence or implied warranty theory unless the design defect was so obvious it would not have been reasonable for the defendant to manufacture according to the design.