Issue: Products Liability
Court: Supreme Judicial Court of Massachusetts

Question Presented:
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.

RLC's Position:
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.

Case Outcome: 
The lower court's decision was affirmed.

Procedural History and Case Documents:

Please use the DOWNLOAD button below to access the RLC's Brief.


Stay in the know

Subscribe to our newsletter