Issue: Products Liability
Court: Supreme Judicial Court of Massachusetts
The issue presented, among others, is whether punitive damages based on gross negligence should be evaluated differently from punitive damages based on willful, wanton and reckless conduct.
The RLC filed a brief urging the Supreme Judicial Court of Massachusetts to overturn the lower court's award of substantial punitive damages against a retailer who took responsible measures to establish the safety of a product it sold by retaining third-party experts and contracting with the manufactures to certify the safety of their product.
The lower court's decision was affirmed.
Procedural History and Case Documents: