Evidence Still Matters in First Circuit

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Late last year the First Circuit affirmed the entry of summary judgment for defendants in a product liability case brought by the Town of Westport, Massachusetts. See Town of Westport v. Monsanto Co., 2017 WL 6205273 (1st Cir. Dec. 8, 2017). Westport sued Monsanto Company, Solutia, Inc., and Pharmacia Corporation to recover remediation costs after polychlorinated biphenyls (PCBs)—chemicals that are hazardous above certain concentrations—were found in the town’s middle school.

The contractor, a non-defendant, used caulk containing PCBs when building the school in 1969. Monsanto did not make the caulk at issue, but it sold plasticizers—a component of caulk—to the third-party manufacturer who did. Westport alleged that the defendants were liable for property damage caused by the PCB contamination at the school.

The district court entered summary judgement against Westport on all counts of alleged liability. On appeal, Westport challenged only t

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Crying Over Spilt Eye Drops

Last month the Third Circuit reversed an order of dismissal issued by the District of New Jersey regarding a putative class action brought by consumers of prescription eye medication. See Cottrell v. Alcon Labs, 16-ap-2015 (3d Cir. October 18, 2017). The plaintiffs alleged that the manufacturers and distributors of eye drops packaged theRead the full article →