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Case Notes

By ALM Staff | Law Journal Newsletters |
February 28, 2015

First Circuit: Plaintiff Lacks Standing to Recover for Allegedly Defective Product

In Kerin v. Titeflex Corp., 2014 U.S. App. LEXIS 21057 (1st Cir. Nov. 4, 2014), the plaintiff owned a home with an outdoor fire pit supplied with natural gas through corrugated stainless steel tubing (CSST). Although CSST can fail when exposed to powerful electrical forces such as lightning, it is widely used and approved by both government and industry regulatory bodies. Even though the plaintiff's CSST had never caused a problem, he sued its manufacturer in the United States District Court for the District of Massachusetts for negligence and breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability).

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